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DROSTE v. HARRY ATLAS SONS

No. 56.

145 F.2d 899 (1944)

DROSTE v. HARRY ATLAS SONS, Inc., et al.

Circuit Court of Appeals, Second Circuit.

Rehearing Denied February 14, 1945.

Attorney(s) appearing for the Case

Rosston, Hort & Brussel, of New York City (Gerson C. Young, George Brussel, Jr., and Mortimer Goodman, all of New York City, of counsel), for appellants.

Bijur & Herts, of New York City, for appellee.

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

SWAN, Circuit Judge.

This is an action for breach of contract brought in the federal court on the ground of diverse citizenship of the parties. The complaint alleges an oral agreement under which Droste was to render services in aiding Harry Atlas Sons, Inc., to obtain a contract with Federal Surplus Commodities Corporation, an agency of the Department of Agriculture of the United States (for brevity hereafter referred to as FSCC) for the packaging of dehydrated egg...

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