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BUDCO, INC. v. THE BIG FIGHTS, INC.

No. 342, Docket 78-7408.

594 F.2d 900 (1979)

BUDCO, INC., Plaintiff-Appellant, v. THE BIG FIGHTS, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 21, 1979.

Attorney(s) appearing for the Case

H. Donald Busch, Bala Cynwyd, Pa. (Harry Norman Ball, Philadelphia, Pa., of counsel), for plaintiff-appellant.

Gruber & Gruber, P.C., New York City (Irving M. Gruber, New York City, of counsel), for defendant-appellee.

Before MOORE, FRIENDLY and GURFEIN, Circuit Judges.

PER CURIAM:

In this contract action brought under diversity jurisdiction, plaintiff Budco, Inc. ("Budco"), appeals from an order entered on July 10, 1978, dismissing its complaint. We reverse and remand to allow discovery and amendment of the complaint.

The complaint (originally brought in the United States District Court for the Eastern District of Pennsylvania and transferred on defendant's motion to the Southern District of New York), in substance, alleges...

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