TRANSIT ADVERTISERS v. NEW YORK, NEW HAVEN & H. R. CO.

No. 118, Docket 22183.

194 F.2d 907 (1952)

TRANSIT ADVERTISERS, Inc. v. NEW YORK, NEW HAVEN & HARTFORD R. CO.

United States Court of Appeals Second Circuit.

Decided March 12, 1952.


Attorney(s) appearing for the Case

Donovan, Leisure, Newton, Lumbard & Irvine, New York City (Granville Whittlesey, Jr., New York City, of counsel), for plaintiff-appellee, appellant.

Edward R. Brumley, New York City (James D. O'Neill, Robert K. McCullen, New York City, of counsel), for defendant-appellant, appellee.

Before CHASE, CLARK and FRANK, Circuit Judges.


CHASE, Circuit Judge.

The plaintiff, a New York corporation, sued the defendant, a corporation organized under the laws of Connecticut, Massachusetts and Rhode Island which maintains an office in the City of New York and operates a railroad in all of the states mentioned, for a declaratory judgment to determine whether an alleged oral contract between the parties had been made and, if so, was enforceable. The court held that the contract had been made, that it was...

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