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ARDITI v. DUBITZKY

No. 11, Docket 29575.

354 F.2d 483 (1965)

Isaac ARDITI, Plaintiff-Appellant, v. Aaron DUBITZKY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 29, 1965.

Attorney(s) appearing for the Case

John J. Langenbach, Hartford, Conn. (William R. Moller, Hartford, Conn., with him on the brief), for appellant.

Sidney M. Wittner, New York City, (Bromberg & Appleton, Hartford, Conn., with him on the brief), for appellee.

Before WATERMAN and MOORE, Circuit Judges, and TYLER, District Judge.

MOORE, Circuit Judge:

The plaintiff Isaac Arditi appeals from an order granting summary judgment in favor of the defendant Aaron Dubitzky and dismissing the complaint for failure to state a claim upon which relief may be granted.

The complaint alleges a joint venture agreement between Arditi and Dubitzky and seeks an accounting and damages for breach of the agreement. Jurisdiction is based upon diversity of citizenship. From the complaint it appears that plaintiff...

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