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MILLER v. NATIONAL CITY BANK OF NEW YORK

No. 122.

147 F.2d 798 (1945)

MILLER v. NATIONAL CITY BANK OF NEW YORK et al.

Circuit Court of Appeals, Second Circuit.

March 5, 1945.

Attorney(s) appearing for the Case

Milton Paulson, of New York City (Abraham L. Pomerantz and William E. Haudek, both of New York City, of counsel), for plaintiff-appellant.

Shearman & Sterling and McClellan & Shrewsbury, all of New York City (Otey McClellan and MacIlburne Voorhies, both of New York City, of counsel), for defendant-appellee National City Bank of New York.

Davis, Polk, Wardwell, Gardiner & Reed, of New York City (Ralph M. Carson and Francis W. Phillips, both of New York City, of counsel), for defendant-appellee Guaranty Trust Co. of New York.

Before L. HAND, AUGUSTUS N. HAND, and FRANK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The jurisdiction of this action is based upon diversity of citizenship. The complaint alleges that the matter in controversy exclusive of interest and costs exceeds $3,000. On June 18, 1916 a syndicate of five banks, of which the defendants Guaranty and City Bank were two, contracted with the Imperial Russion Government to grant it a three year credit not to exceed $50,000,000. The syndicate raised the money from the public by the...

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