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DE LUCA v. ATLANTIC REFINING CO.

No. 19, Docket 20998.

176 F.2d 421 (1949)

DE LUCA v. ATLANTIC REFINING CO.

United States Court of Appeals Second Circuit.

Decided July 18, 1949.

Attorney(s) appearing for the Case

Geo. K. Hourwich, New York City, for appellant.

Chadbourne, Wallace, Parke & Whiteside, New York City, Leonard P. Moore, New York City (Edward R. Neaher, New York City, of counsel), for appellee.

Before L. HAND, Chief Judge, and CLARK and FRANK, Circuit Judges

L. HAND, Chief Judge.

The plaintiff appeals (1) from a judgment summarily dismissing his complaint in an action to recover damages for injuries done by the defendant to his real estate in the State of Pennsylvania; and (2) from an order denying him leave to amend the complaint. The plaintiff is a citizen of New York, the defendant is a Pennsylvania corporation, and the jurisdiction of the district court depends upon diverse citizenship. The litigation has had a long...

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