REAM v. CALLAHAN

No. 213.

136 F.2d 194 (1943)

REAM v. CALLAHAN.

Circuit Court of Appeals, Second Circuit.

May 12, 1943.


Attorney(s) appearing for the Case

William B. Butler and John Kadel, both of New York City, for appellant.

Thomas R. Hart, Jr., and McDermott & Turner, all of New York City, for appellee.

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


L. HAND, Circuit Judge.

This appeal is from a judgment in the defendant's favor upon a motion under Rule 12(c), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, for judgment on the pleadings; it involves only the validity of the complaint which was in substance as follows. On February 1, 1919, the plaintiff's testator and the defendant, who were practicing dentists, entered into a contract (later amended by another contract on January, 1, 1922...

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