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GRAMATAN-SULLIVAN, INC. v. KOSLOW

No. 47, Docket 24140.

240 F.2d 523 (1957)

GRAMATAN-SULLIVAN, Inc., Appellant, v. Nathan KOSLOW, Appellee.

United States Court of Appeals Second Circuit.

Decided January 7, 1957.

Attorney(s) appearing for the Case

Francis J. Duffy, Prime Brothers & Duffy, Yonkers, N. Y., for plaintiff-appellant.

Ralph Stout, Benjamin Jaffe, New York City, for defendant-appellee.

Before CLARK, Chief Judge, and HAND and SWAN, Circuit Judges.

HAND, Circuit Judge.

The plaintiff, a New York corporation, appeals from a judgment in its favor, awarding a part only of its claim against the defendant, a citizen of New Jersey: the jurisdiction depends upon this "diversity" of citizenship. The plaintiff's claim arises because of an alleged diversion to the defendant of a "trust" fund which a New York corporation, A. Shaw & Co., Inc., should have held for the payment of the plaintiff's claim against it. The...

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