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PRESCRIPTION PLAN SERVICE CORP. v. FRANCO

No. 429, Docket 76-7281.

552 F.2d 493 (1977)

PRESCRIPTION PLAN SERVICE CORP., Plaintiff-Appellant, v. Albert FRANCO, Individually and as Administrator et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 4, 1977.

Attorney(s) appearing for the Case

Milton Horowitz, New York City, for plaintiff-appellant.

Edward M. Katz, New York City (Sidney H. Kalban, Phillips & Capiello, New York City, of counsel), for defendants-appellees Wall, Barisic, Miller, Martin, Bocker and Rich.

Steven S. Miller, New York City (Proskauer, Rose, Goetz & Mendelsohn, New York City, of counsel), for defendants-appellees Franco, Hickey, Riley, Marcus, Ristine, Denys and Gundling.

Before MEDINA, OAKES and GURFEIN, Circuit Judges.

OAKES, Circuit Judge:

This appeal is from a judgment of the United States District Court for the Southern District of New York, Gerard L. Goettel, Judge, dismissing the action for want of either federal question or diversity jurisdiction. We affirm dismissal of the federal question claim but reverse and remand on the diversity issue with directions to grant leave to amend the complaint.

Appellant, a New York corporation, pursuant to contract administered...

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