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FRIEDR. ZOELLNER (NEW YORK) CORP. v. TEX METALS CO.

No. 491, Docket 32147.

396 F.2d 300 (1968)

FRIEDR. ZOELLNER (NEW YORK) CORPORATION, Plaintiff-Appellant, v. TEX METALS COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided June 12, 1968.

Attorney(s) appearing for the Case

Elliott J. Solomon, New York City (Garfield, Salomon & Mainzer, New York City, on the brief), for appellant.

Thomas F. Curnin, New York City (Lawrence J. McKay, Mathias E. Mone, and Cahill, Gordon, Sonnett, Reindel & Ohl, New York City, on the brief), for appellee.

Before MOORE, HAYS and FEINBERG, Circuit Judges.

HAYS, Circuit Judge:

Appellant, Friedr. Zoellner (New York) Corporation, brought suit in the Supreme Court of New York against Tex Metals Company seeking damages for breach of a joint venture agreement. Tex Metals was served with the summons and complaint in Corpus Christi, Texas. The action was removed to the district court below pursuant to 28 U.S. C. § 1441 (1964) on the ground of diversity of citizenship. Thereafter, on motion of Tex Metals, the district...

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