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GREENSPAHN v. JOSEPH E. SEAGRAM & SONS

Nos. 8-100, Dockets 21539-21812.

186 F.2d 616 (1951)

GREENSPAHN v. JOSEPH E. SEAGRAM & SONS, Inc.

United States Court of Appeals Second Circuit.

Decided January 22, 1951.

Attorney(s) appearing for the Case

White & Case, New York City, Thomas Kiernan and James McCarron, New York City, of counsel, for appellant.

Lorenz, Finn & Lorenz, New York City, Joseph Lorenz, New York City, of counsel, for appellee.

Before L. HAND, Chief Judge, and SWAN and CHASE, Circuit Judges.

SWAN, Circuit Judge.

The present litigation is the outgrowth of a suit for specific performance of contracts by Seagram & Sons, Inc. to sell to Greenspahn's assignor a large quantity of "Kentucky whiskey" to be produced during the months from January to June 1947. Federal jurisdiction of the suit rested on diverse citizenship of the parties. In that suit the court construed the contracts to call for "Seagram" whiskey and, as the defendant's answer admitted that...

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