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FLOWER CITY PAINTING, ETC. v. GUMINA CONST. CO.

No. 130, Docket 78-7217.

591 F.2d 162 (1979)

FLOWER CITY PAINTING CONTRACTORS, INC., Appellant, v. GUMINA CONSTRUCTION COMPANY, Appellee.

United States Court of Appeals, Second Circuit.

Decided January 9, 1979.

Attorney(s) appearing for the Case

Sheldon M. Markel, Buffalo, N. Y., for appellant.

Paul R. Braunsdorf, Rochester, N. Y. (Harris, Beach, Wilcox, Rubin & Levey, Rochester, N. Y., of counsel), for appellee.

Before OAKES, GURFEIN and MESKILL, Circuit Judges.

GURFEIN, Circuit Judge:

This is an action for breach of contract, entertained in the District Court for the Western District of New York (Hon. Harold P. Burke, Judge) by virtue of the diversity of citizenship of the parties.1 28 U.S.C. § 1332. Plaintiff-appellant, Flower City Painting Contractors, Inc. ("Flower") is a newly formed painting contracting firm in Rochester, New York, owned and...

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