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KAHN v. CECELIA CO.

40 F.Supp. 878 (1941)

KAHN v. CECELIA CO.

District Court, S. D. New York.

June 27, 1941.

Attorney(s) appearing for the Case

Abraham L. Bienstock, of New York City, for plaintiff.

Spence, Windels, Walser, Hotchkiss & Angell, of New York City (James H. Halpin, of New York City, of counsel), for defendant.

COXE, District Judge.

This is a motion by the defendant to dismiss the first cause of action on the ground that it fails to state a claim.

The first cause of action alleges that on or about November 23, 1938, the plaintiff entered into an oral agreement with the defendant in New York whereby the plaintiff was employed by the defendant for a term of three years at a salary of $1,000 a week; that the plaintiff entered into the agreement "solely on condition...

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