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PANZER v. LYONS CAFETERIAS

21 F.Supp. 263 (1937)

PANZER et al. v. LYONS CAFETERIAS, Inc., et al.

District Court, E. D. New York.

November 22, 1937.

Attorney(s) appearing for the Case

Richard M. Cantor, of New York City, for plaintiffs.

William Butler, of New York City (J. A. Keller, of New York City, of counsel), for defendant Lyons Cafeterias, Inc.

Robert E. Curran, of New York City, for impleaded defendant M. Buchsbaum & Sons.

Franklin Malone, of New York City, for impleaded defendant Van Wagenen & Schickhaus Co.

BYERS, District Judge.

This is a motion to remand.

The plaintiffs Panzer in October, 1934, brought an action in the state Supreme Court against the defendant Lyons Cafeterias, Inc. (a Delaware corporation), to recover damages on the part of Mrs. Panzer because of an alleged breach of contract; namely, a breach of the defendant's representation to her that certain fresh ham displayed and sold to her in its restaurant was wholesome and fit for human use and...

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