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METROPOLITAN VACUUM CLEAN. CO. v. DOUGLAS-GUARDIAN W. CORP.

208 F.Supp. 195 (1962)

METROPOLITAN VACUUM CLEANER CO., Inc., Plaintiff, v. DOUGLAS-GUARDIAN WAREHOUSE CORPORATION, Defendant.

United States District Court S. D. New York.

April 16, 1962.

Attorney(s) appearing for the Case

Schulz & Fay, New York City, Gabriel V. Fay, New York City, of counsel, for plaintiff.

Mendes & Mount, New York City, George W. Clark, New York City, of counsel, for defendant.

PALMIERI, District Judge.

Preliminary Statement

The plaintiff, a New York corporation, is a distributor of vacuum cleaners and sewing machines. The defendant operated a bonded warehouse at Clearwater, Florida, at the place of business of one Howard K. Ewing (Howard the Trader), who sold merchandise by means of auction sales which were regularly held and extensively advertised. Plaintiff stored its merchandise in defendant's warehouse. By contract arrangement...

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