SHOTKIN v. MUTUAL BENEFIT HEALTH & ACCIDENT ASS'N

No. 39.

138 F.2d 531 (1943)

SHOTKIN v. MUTUAL BENEFIT HEALTH & ACCIDENT ASS'N.

Circuit Court of Appeals, Second Circuit.

October 26, 1943.


Attorney(s) appearing for the Case

Abbott L. Levine, of New York City, for plaintiff-appellant.

Albert Hirst, of New York City, for defendant-appellee.

Before L. HAND, CHASE, and CLARK, Circuit Judges.


CLARK, Circuit Judge.

Plaintiff sued defendant in the Supreme Court of New York for $250,000 damages for breach of a contract of employment. Defendant, a Nebraska insurance corporation authorized to do business in the State of New York, removed the action to the District Court of the United States because of the diverse citizenship of the parties, and then moved for a summary judgment on an answer and affidavit contending that it had discharged plaintiff in accordance...

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