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FEUCHTWANGER CORP. v. LAKE HIAWATHA FED. CR. UNION

No. 12834.

272 F.2d 453 (1959)

FEUCHTWANGER CORP., Appellant, v. LAKE HIAWATHA FEDERAL CREDIT UNION, Appellee.

United States Court of Appeals Third Circuit.

Decided November 20, 1959.

Attorney(s) appearing for the Case

Harry A. Margolis, Newark, N. J. (Max L. Rosenstein, Newark, N. J., on the brief), for plaintiff-appellant.

Henry Milberg, Jersey City, N. J. (Milberg & Milberg and Samuel Milberg, Jersey City, N. J., on the brief), for defendant-appellee.

Before GOODRICH, STALEY and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

This is an appeal from a judgment denying the demand of the assignee of a seller of certain machinery for a sum of money held in escrow for release to the assignee on compliance with conditions stated in the escrow agreement. Federal jurisdiction is based upon diversity of citizenship and all relevant transactions occurred in New Jersey.

A doubt concerning federal jurisdiction must be resolved before the merits of the controversy can...

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