GEORGE E. WESTBERG COMPANY v. QUAKER OATS COMPANY

No. 121, Docket 27708.

311 F.2d 25 (1962)

GEORGE E. WESTBERG COMPANY, Inc., Plaintiff-Appellant, v. The QUAKER OATS COMPANY and Burry Biscuit Corporation, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided November 27, 1962.


Attorney(s) appearing for the Case

Day, Epworth, Plaskow & Lawrence, New York City (Francis E. Koch, New York City, of counsel), for plaintiff-appellant.

Breed, Abbott & Morgan, New York City (Charles H. Tuttle, New York City, of counsel), for defendants-appellees.

Before LUMBARD, Chief Judge, and WATERMAN and MARSHALL, Circuit Judges.


PER CURIAM.

Plaintiff appeals from a summary judgment dismissing its claim for compensation, allegedly due upon an implied contract, for services allegedly rendered to the defendant Burry Biscuit Corporation. Plaintiff claims to have provided, at Burry's request, the opportunity for a sale of Burry's business and assets to the defendant The Quaker Oats Company. Although The Quaker Oats Company is joined as a party defendant, plaintiff concedes upon this appeal that...

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