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NATIONAL UTILITY SERVICE, INC. v. WHIRLPOOL CORPORATION

No. 108, Docket 28343.

325 F.2d 779 (1963)

NATIONAL UTILITY SERVICE, INC., Plaintiff-Appellant, v. WHIRLPOOL CORPORATION, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 24, 1963.

Attorney(s) appearing for the Case

Manes, Sturim & Laufer, New York City, for appellant. Arthur M. Laufer, New York City, on the brief.

Burton Y. Weitzenfeld, Chicago, Ill., Julian S. Perlman, New York City, and Robert A. Coe, Chicago, Ill., for appellees. Liebman, Eulau & Robinson, New York City, on the brief.

Before SWAN, CLARK and MARSHALL, Circuit Judges.

SWAN, Circuit Judge:

This is an action for breach of contract. It was brought in the Supreme Court of the State of New York and was thereafter removed to the federal court on the ground of diverse citizenship. The case was tried before Judge Kilkenny and a jury but never reached the jury because the judge granted defendant's motion to direct a verdict in its favor. Judgment was entered May 9, 1963 dismissing the complaint...

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