GREENLEAF v. SAFEWAY TRAILS

No. 138.

140 F.2d 889 (1944)

GREENLEAF v. SAFEWAY TRAILS, Inc.

Circuit Court of Appeals, Second Circuit.

February 7, 1944.


Attorney(s) appearing for the Case

Shereff Brothers, of New York City (Louis H. Shereff, of New York City, of counsel), for plaintiff-appellant.

Olcott, Havens, Wandless & Stitt, of New York City (John H. Jackson, of New York City, of counsel), for defendant-appellant.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.


SWAN, Circuit Judge.

This is an action brought by Aaron S. Greenleaf, a citizen and resident of Kansas, against Safeway Trails, Inc., a Maryland corporation, for breach of contract. It was brought in the Supreme Court of New York County, was removed to the district court because of diverse citizenship and was tried to the court without a jury.

The complaint alleged that the defendant and another corporation named Eastern Trails, Inc. (not a party to the action...

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