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LEE v. JENKINS BROTHERS

Nos. 66, 67, Dockets 24965, 24966.

268 F.2d 357 (1959)

Bernard J. LEE, Plaintiff-Appellant, v. JENKINS BROTHERS et al., Defendants-Appellees. Bernard J. LEE, Plaintiff-Appellant, v. Farnham YARDLEY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided June 15, 1959.

Attorney(s) appearing for the Case

Samuel Gruber, Stamford, Conn. (Gruber & Turkel, Stamford, Conn., on the brief), for appellant.

Morgan P. Ames, Stamford, Conn. (Cummings & Lockwood, Edward R. McPherson, Jr. and Francis J. McNamara, Jr., Stamford, Conn., on the brief), for appellees.

Before HAND, MEDINA and BURGER, Circuit Judges.

MEDINA, Circuit Judge.

Bernard J. Lee appeals from a judgment dismissing his complaint in two consolidated actions against Jenkins Brothers, a corporation, and against Farnham Yardley, to recover pension payments allegedly due under an oral agreement by Yardley on behalf of the corporation and for his own account, made in 1920. Lee's case consisted only of his own testimony and the trial judge held that there was no issue for the jury, as the claim was barred by the...

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