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ASHTON v. CHRYSLER CORPORATION

Civ. A. No. 61-C-362.

261 F.Supp. 1009 (1965)

Harry ASHTON (formerly known as Harry Asciutto or Harry Ash), Vincent J. Di Costa and Frank Bages, Plaintiffs, v. CHRYSLER CORPORATION, Defendant.

United States District Court E. D. New York.

May 25, 1965.

Attorney(s) appearing for the Case

Harry J. Elarde, Brooklyn, N. Y., for plaintiffs, Gerard M. Carey, of counsel.

Kelley, Drye, Newhall, Maginnes & Warren, for defendant, Robert Ehrenbard, John J. Loflin, Jr., New York City, Keith A. Jenkins, Detroit, Mich., Kenneth L. Stein, New York City, of counsel.

MISHLER, District Judge.

Plaintiffs state three claims arising out of the failure to consummate a Dodge-Plymouth dealership at Wrights-town, New Jersey.

The first claim is based upon the wrongful refusal "to grant the plaintiffs the agency as promised and agreed upon" (par. Sixth); the second claim is based upon a false and fraudulent statement that Wrightstown "was not to be classified as an open point" (par. Eleventh); the third claim is based upon the negligent...

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