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HERZIG v. SWIFT & CO.

No. 199.

154 F.2d 64 (1946)

HERZIG v. SWIFT & CO.

Circuit Court of Appeals, Second Circuit.

Writ of Certiorari Denied May 20, 1946.

Attorney(s) appearing for the Case

Morris Kaplan, of New York City, and Herman E. Hoberman, of Brooklyn, N. Y. (Samuel J. Sussman, of Brooklyn, N. Y., of counsel), for plaintiff-appellee.

George J. Stacy, of New York City (George J. Stacy and Joseph Kane, both of New York City, of counsel), for appellant.

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

Writ of Certiorari Denied May 20, 1946. See 66 S.Ct. 1122.

CHASE, Circuit Judge.

This appeal is from a judgment for the plaintiff on the verdict of a jury after a trial on the merits upon the remand following our reversal of a former judgment of the District Court for the Eastern District of New York dismissing the complaint. Herzig v. Swift & Co., 2 Cir., 146 F.2d 444.

Relying on diversity as the ground of federal...

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