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GRUBER v. S-M NEWS CO.

No. 15, Docket 22693.

208 F.2d 401 (1953)

GRUBER et al. v. S-M NEWS CO., Inc.

United States Court of Appeals Second Circuit.

Decided December 9, 1953.

Attorney(s) appearing for the Case

Nemeroff, Jelline, Danzig & Paley, New York City, Elliot B. Paley, Joseph W. Rosenberg, New York City, of counsel, for plaintiffs-appellants.

Whitman, Ransom & Coulson, New York City, Patrick H. Sullivan, Frederick B. Lacey, New York City, of counsel, for defendant-appellee.

Before CHASE, Chief Judge, and CLARK and FRANK, Circuit Judges.

CHASE, Chief Judge.

The appellants, invoking the diversity jurisdiction of the court, sued to recover damages for the breach by the appellee of a contract. The first count in the complaint, and the only one with which this appeal is concerned, alleged that on or about September 10, 1945, the appellants and the appellee made a contract in the City of New York, where the appellee had its principal place of business, in substance as follows:

The appellants agreed...

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