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SRYBNIK v. EPSTEIN

No. 203, Docket 23845.

230 F.2d 683 (1956)

Rose SRYBNIK, Simon Srybnik, Louis D. Srybnik, Julius B. Srybnik and Sylvia Shernoff, as Executors and Trustees under the Last Will and Testament of Aaron G. Srybnik, Plaintiffs-Appellees and Appellants, v. Israel EPSTEIN, Defendant-Appellant and Appellee.

United States Court of Appeals Second Circuit.

Decided March 13, 1956.

Attorney(s) appearing for the Case

Seymour Stone, New York City, for plaintiffs-appellees and appellants.

Richard J. Stull, New York City (J. Lewis Ash, New York City, of counsel on the brief), for defendant-appellant and appellee.

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

LUMBARD, Circuit Judge.

These are cross-appeals by plaintiffs from a jury verdict against them and by the defendant from a jury verdict against him on his counter-claim. Aaron Srybnik brought suit in the New York State Supreme Court to recover a $3,000 deposit he paid to the defendant Israel Epstein and $850 he advanced for insurance of a shipment of steel. As there was diversity of citizenship Epstein removed the case to the District Court and counter-claimed alleging...

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