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COHEN v. GENSBRO HOTEL CO.

No. 15525.

259 F.2d 78 (1958)

Samuel E. COHEN, Appellant, v. GENSBRO HOTEL CO., a Corporation; Nevada Hotel Development Co., a Corporation; David Gensberg, Louis Gensberg, Meyer Gensberg and Murray Saul, Appellees.

United States Court of Appeals Ninth Circuit.

September 15, 1958.

Attorney(s) appearing for the Case

Desser, Rau & Hoffman, Beverly Hills, Cal., Robert M. Callister, Las Vegas, Nev., for appellant.

Morse, Graves & Compton, Ham & Ham, A. W. Ham & A. W. Ham, Jr., Las Vegas, Nev., Harvey L. Silbert, Robert Komins, Bernard M. Silbert, Los Angeles, Cal., for appellee.

Before FEE, BARNES and HAMLIN, Circuit Judges.

BARNES, Circuit Judge.

Plaintiff filed an action under the diversity statute entitled "Complaint for Breach of Contract," which alleged that certain individual defendants had organized two corporations, which allegedly needed $1,500,000 cash, and which allegedly orally agreed to sell to plaintiff (a) $1,700,000 in first mortgage bonds secured by an indenture on Nevada real estate for the sum of $1,200,000, in order to construct a hotel project; (b) a 13 per cent share...

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