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LORD v. PATHE NEWS

No. 250.

97 F.2d 508 (1938)

LORD v. PATHE NEWS, Inc.

Circuit Court of Appeals, Second Circuit.

June 13, 1938.

Attorney(s) appearing for the Case

Phillips & Nizer, of New York City (Louis Nizer, Arthur B. Krim, Seymour M. Peyser, and Sidney Freidberg, all of New York City, of counsel), for appellant.

Cravath, de Gersdorff, Swaine & Wood, of New York City (Wm. D. Whitney and Harold R. Medina, Jr., both of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

SWAN, Circuit Judge.

This action, begun in a state court, was removed to the district court on the ground of diverse citizenship. It seeks to recover damages for non-performance by Pathe News, Inc., of a contract with the plaintiff. Before the plaintiff had completed his proof the trial judge suggested that the defendant's counsel move for a dismissal. Such a motion was then made and granted. The trial judge thought that the contract was too indefinite to be enforceable...

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