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BROOKS v. YAWKEY

No. 4645.

200 F.2d 663 (1953)

BROOKS v. YAWKEY et al.

United States Court of Appeals, First Circuit.

January 7, 1953.

Attorney(s) appearing for the Case

Michael F. Helfgott, New York City (Roger B. Brooks, Boston, Mass., on the brief), for appellant.

John T. Hayes, Boston, Mass. (Schuyler Hollinsworth and Bingham, Dana & Gould, Boston, Mass., on the brief), for appellees.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

WOODBURY, Circuit Judge.

This is an appeal from a summary judgment entered under Rule 56, Fed. Rules Civ.Proc. 28 U.S.C.A., dismissing an action seeking money damages for breach of an agreement to sell and convey approximately 200 acres of land in the City of Windsor, Province of Ontario, Canada. There is no doubt that the value of the matter in controversy exclusive of interest and costs is well over $3,000. But it is alleged

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