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CHANOFSKY v. CHASE MANHATTAN CORP.

No. 305, Docket 75-7288.

530 F.2d 470 (1976)

Nathan CHANOFSKY, Plaintiff-Appellant, v. The CHASE MANHATTAN CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 1, 1976.

Attorney(s) appearing for the Case

Gabriel Kaszovitz, New York City (Feder, Kaszovitz & Weber, Murray L. Skala, New York City, of counsel), for appellant.

William E. Jackson, New York City (Milbank, Tweed, Hadley & McCloy, Russell E. Brooks, Kenneth A. Perko, Jr., New York City of counsel), for appellee.

Before FEINBERG, GURFEIN and VAN GRAAFEILAND, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Plaintiff appeals from a final judgment entered against him on the law and the facts following the argument of what started out to be a Fed.R.Civ.P. 12(b)(6) motion to dismiss for failure to state a claim combined with an alternative Fed.R.Civ.P. 56 motion for summary judgment. At the end of the argument, the District Judge concluded that the parties were submitting the case to him for final decision on the facts contained in the affidavits...

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