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GROMBACH v. OERLIKON TOOL AND ARMS CORP. OF AMERICA

No. 8000.

276 F.2d 155 (1960)

John V. GROMBACH, Appellant, v. OERLIKON TOOL AND ARMS CORPORATION OF AMERICA, a corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 14, 1960.

Attorney(s) appearing for the Case

Richard L. Merrick, Washington, D. C., and Stanley M. Lazarus, New York City (Thomas H. King, Washington, D. C., on the brief), for appellant.

Frank M. Parker and George H. Ward, Asheville, N. C. (Harold K. Bennett, Asheville, N. C. on the brief), for appellee.

Before SOPER and BOREMAN, Circuit Judges, and BARKSDALE, District Judge.

BARKSDALE, District Judge.

This diversity action was instituted on May 27, 1958, by John V. Grombach, formerly an officer of the United States Army, a citizen and resident of New York, against Oerlikon Tool and Arms Corporation of America, a Delaware Corporation doing business in North Carolina, seeking damages for the alleged breach by the defendant of a written contract entered into on February 10, 1953. Defendant's motion for a summary judgment having been previously...

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