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MILLER v. WELLER

No. 13377.

288 F.2d 438 (1961)

Robert E. MILLER v. Carl WELLER, Emily I. Weller, Everett Weller, Ray Weller, Mamie Weller, Norman E. Ritter and Marjorie Hester formerly trading as Weller Manufacturing Co., Appellants.

United States Court of Appeals Third Circuit.

Decided March 14, 1961.

Rehearing Denied April 7, 1961.

Attorney(s) appearing for the Case

Arlin M. Adams, Philadelphia, Pa., (Bernard M. Goodman, Easton, Pa., Samuel D. Slade, Washington, D. C., Robert L. Kendall, Jr., Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., Goodman & Weitzman, Easton, Pa., on the brief), for appellant.

Nathan Lavine, Philadelphia, Pa., (Le Roy Comanor, Melvin Lashner, Adelman & Lavine, Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and FORMAN, Circuit Judges.

GOODRICH, Circuit Judge.

This is an appeal from a summary judgment for the plaintiff in a suit for an accounting and damages based on a partnership withdrawal agreement. Federal jurisdiction is based on diversity.1 While the facts are not so very clear the negotiation of the contract and its performance all seem to have a Pennsylvania setting and the law of Pennsylvania is, therefore, applicable...

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