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BETHLEHEM FABRICATORS, INC. v. BRITISH OVERSEAS AIR. CORP.

No. 25, Docket 34013.

434 F.2d 840 (1970)

BETHLEHEM FABRICATORS, INC., Plaintiff-Appellee, v. BRITISH OVERSEAS AIRWAYS CORPORATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 25, 1970.

Attorney(s) appearing for the Case

Peter P. Smith, III, New York City, Shea, Gallop, Climenko & Gould, New York City, for plaintiff-appellee.

William L. Schierberl, New York City (Cyril Hyde Condon, Thomas J. Whalen, Condon & Forsyth, New York City, on the brief), for defendant-appellant.

Before FRIENDLY, SMITH and HAYS, Circuit Judges.

HAYS, Circuit Judge:

In the district court, plaintiff Bethlehem Fabricators, Inc., recovered damages of $78,115.98 plus interest from defendant British Overseas Airways Corporation in an action based upon breach of contract and tortious misrepresentation arising from an oral promise to require a performance and payment bond. The action was originally brought in the New York courts, and was removed to the United States District Court for the Eastern District of New...

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