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GREEN v. VICTOR TALKING MACH. CO.

No. 139.

24 F.2d 378 (1928)

GREEN v. VICTOR TALKING MACH. CO.

Circuit Court of Appeals, Second Circuit.

February 6, 1928.

Attorney(s) appearing for the Case

Jeffery & Redmond, of New York City (Joseph F. Murray and William P. Jeffery, both of New York City, of counsel), for plaintiff in error.

Hughes, Rounds, Schurman & Dwight, of New York City (George W. Schurman, Augustus L. Richards and J. Harold Merrick, all of New York City, of counsel), for defendant in error.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

Federal jurisdiction is based on diversity of citizenship. The complaint sets forth that plaintiff owns all the capital stock of the Pearsall Company, having acquired the same as executrix and sole legatee under the will of her deceased husband; that the only business of the Pearsall Company was to resell products purchased by it from defendant; that prior to Mr. Green's death, and at a time when he owned two-thirds of the shares of said corporation...

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