Opinion
No. 8509.
Argued January 6, 1944.
Decided January 31, 1944.
Appeal from the District Court of the United States for Western District of Pennsylvania; Robert M. Gibson, Judge.
A.E. Kountz, of Pittsburgh, Pa. (E.O. Golden and Ashe Ashe, all of Kittanning, Pa., and Kountz, Fry, Staley Meyer, of Pittsburgh, Pa., on the brief), for appellants.
Maurice Rose, of Philadelphia, Pa. (F.W. Stonecipher, of Pittsburgh, Pa., and Samuel J. Gottesfeld, of Philadelphia, Pa., on the brief), for appellee.
Before BIGGS, JONES, and GOODRICH, Circuit Judges.
The order of the court below, 51 F. Supp. 201, dismissing the appellants' counterclaim, is affirmed because the appellants have stated no cause of action.