Global Commerce Corporation, S. A. v. Clark-Babbitt Industries, Inc.

HAND, Circuit Judge.

This appeal is from a judgment for the defendant entered after a trial to Judge Walsh without a jury, upon our remand after the reversal of a former judgment which is reported in 239 F.2d 716. We then held that, although we might well have affirmed the judgment for the defendant so far as it was based upon the evidence of what had occurred between the parties up to and including September 24, 1946, it was erroneous not to consider what happened thereafter and we remanded the case for a retrial. It now comes before us again upon Judge Walsh’s dismissal at the close of the…