ERVING v. VIRGINIA SQUIRES BASKETBALL CLUB

Civ. A. No. 72 C 765.

349 F.Supp. 709 (1972)

Julius W. ERVING, Plaintiff, v. The VIRGINIA SQUIRES BASKETBALL CLUB, a limited partnership, Defendant.

United States District Court, E. D. New York.

September 19, 1972.


Attorney(s) appearing for the Case

Paul Martinson, Phillips, Nizer, Benjamin, Krim & Ballon, New York City, for plaintiff.

Clark J. Gurney, Roth, Carlson, Kwit, Spengler & Goodell, New York City (E. Leslie Cox, Breeden, Howard & MacMillan, Norfolk, Va., of counsel), for defendant.


MEMORANDUM AND ORDER

NEAHER, District Judge.

Plaintiff, a professional basketball player, commenced this action to rescind his contract with the defendant basketball club (hereinafter "Squires") and to recover claimed damages of $308,800 by reason of alleged concealment and false representations which induced him to enter the contract. Jurisdiction is grounded on diversity of citizenship, 28 U.S.C. § 1332(a), plaintiff alleging New York citizenship...

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