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WYMARD v. McCLOSKEY & COMPANY

Civ. A. No. 28147.

234 F.Supp. 706 (1964)

N. L. WYMARD and George L. Stark, receivers of Kemmel & Company, Inc. v. McCLOSKEY & COMPANY, Inc.

United States District Court E. D. Pennsylvania.

Supplemental Opinion and Order October 30, 1964.

Attorney(s) appearing for the Case

David Rosen, Edward Cohen, Goff & Rubin, Philadelphia, Pa., for receivers.

J. Dress Pannell, Harrisburg, Pa., Walter Stein, Philadelphia, Pa., for defendant.

WOOD, District Judge.

On May 13, 1963, we entered judgment in favor of the plaintiff Receivers in this plenary action to recover a contract claim against the defendant, McCloskey & Company (McCloskey).1 Subsequently, McCloskey appealed to the United States Court of Appeals for the Third Circuit which vacated the judgment and remanded the matter to the District Court on June 18, 1964.2

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