GREAT LAKES TRANSIT CORPORATION v. MARCEAU

No. 191.

154 F.2d 623 (1946)

GREAT LAKES TRANSIT CORPORATION et al. v. MARCEAU et al.

Circuit Court of Appeals, Second Circuit.

March 28, 1946.


Attorney(s) appearing for the Case

Ulysses S. Thomas, Buffalo, N. Y., and Russel V. Bleecker and Paul P. Sogg, both of Cleveland, Ohio, for plaintiff-appellant and defendant-appellant.

Edward J. Desmond, John E. Drury, Jr., and Desmond & Drury, all of Buffalo, N. Y., for appellees.

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


FRANK, Circuit Judge.

1. The Court below found that the parties to the Levisohn-Heirich retainer intended that any action on the claim should be brought in New York. The compensation proceedings could have been instituted nowhere else, and the Transit Corporation's principal office is located there. Levisohn's testimony as to where the parties contemplated the bringing of the action is so equivocal that the finding by the trial judge, who heard the testimony on that...

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