PROUTY v. CITIZENS UTILITIES COMPANY

No. 206, Docket 24820.

257 F.2d 692 (1958)

Charles T. PROUTY, Genevieve Prouty Gage, John A. Prouty, Elsinor Prouty Mallory and The Third National Bank and Trust Company, Plaintiffs-Appellees, v. CITIZENS UTILITIES COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided July 3, 1958.

Certiorari Denied October 20, 1958.


Attorney(s) appearing for the Case

Gallop, Climenko & Gould, New York City, and Clifton G. Parker, Morrisville, Vt., for appellant. Milton S. Gould and Arthur S. Friedman, New York City, of counsel.

Harold I. O'Brien, Rutland, Vt., and Arthur Graves, St. Johnsbury, Vt., for appellees. Edwin W. Lawrence, Rutland, Vt., of counsel.

Before SWAN, HINCKS and MOORE, Circuit Judges.


Certiorari Denied October 20, 1958. See 79 S.Ct. 98.

SWAN, Circuit Judge.

This is an appeal by defendant from a judgment for plaintiffs in a suit for specific performance of a contract to buy land located in the City of Newport, Vermont. Federal jurisdiction was based on diversity of citizenship between the respective parties. The defendant, a public utility corporation supplying electric power locally and in interstate and foreign commerce was in possession...

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