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GOLDBERG v. LISTON

No. 17942.

431 F.2d 1101 (1970)

Ben GOLDBERG, a/k/a Ben Bentley, Plaintiff-Appellant, v. Charles LISTON, a/k/a Sonny Liston and Intercontinental Promotions, Inc., a Pennsylvania Corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied September 22, 1970.

Attorney(s) appearing for the Case

Elmer Gertz, Wayne B. Giampietro, Malcolm P. Brown, Chicago, Ill., for plaintiff-appellant.

Alfred B. Teton, Richard H. Prins, Chicago, Ill., for defendants-appellees.

Before SWYGERT, Chief Judge, PELL, Circuit Judge, and DOYLE, District Judge.

PER CURIAM.

Plaintiff, Ben Goldberg (also known as Ben Bentley), brought this diversity action against defendants, Charles Liston (Sonny Liston) and Intercontinental Promotions, Inc., alleging breach of an oral contract calling for plaintiff to serve as Liston's personal press representative. The case was tried to the district court and at the conclusion of plaintiff's case, both defendants moved under Fed.R.Civ.P. 41(b) for dismissal. At the same time plaintiff moved...

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