Court of Appeals for the Seventh Circuit November 8, 1956, 11752 (Thomas A. Drinan, Etc. v. A. J. Lindemann & Hoverson Co.)

LINDLEY, Circuit Judge.

This cause was before us previously on appeal by plaintiff from an order of the District Court granting defendant’s motion to dismiss. 202 F.2d 271. At the risk of repetition, but in the interest of clarity, we deem it necessary to discuss briefly, the material elements of the case pertinent to the issues presented by the present appeal.