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GINSBERG MACHINE CO. v. J. & H. LABEL PROCESSING CORP.

No. 171, Docket 29115.

341 F.2d 825 (1965)

GINSBERG MACHINE CO., Inc., Plaintiff-Appellant, v. J. & H. LABEL PROCESSING CORP., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 15, 1965.

Attorney(s) appearing for the Case

Jacob Greenwald, New York City (Louis B. Brodsky, New York City, on the brief; Allan Seserman, New York City, of counsel), for plaintiff-appellant.

Melvin D. Kraft, New York City (Baer, Marks, Friedman & Berliner, New York City, on the brief), for defendant-appellee.

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

MARSHALL, Circuit Judge.

Plaintiff commenced an action for breach of contract in a New York state court, and it was removed, pursuant to 28 U.S.C. 1441(b), to the District Court for the Southern District of New York. Trial commenced before Judge Levet and a jury, and at the conclusion of plaintiff's case, defendant moved for a directed verdict and for dismissal of the complaint. The motion was granted and we affirm.

Jack Ginsberg, plaintiff's president, testified...

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