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ALBERT ELIA BLDG. CO., INC. v. AMER. STERILIZER CO.

No. 960, Docket 79-7836.

622 F.2d 655 (1980)

ALBERT ELIA BUILDING COMPANY, INC., Plaintiff-Appellant, v. AMERICAN STERILIZER COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 2, 1980.

Attorney(s) appearing for the Case

William J. McDermott, Niagara Falls, N.Y., for plaintiff-appellant.

James S. McAskill, Buffalo, N.Y., Carmen P. Tarantino and Damon, Morey, Sawyer & Mott, Buffalo, N.Y., for defendant-appellee.

Before FRIENDLY and MESKILL, Circuit Judges, and THOMSEN, District Judge.

PER CURIAM:

Albert Elia Building Company, Inc., plaintiff below, appeals from a judgment of the district court dismissing its action for breach of contract against American Sterilizer Company, after a trial before the court without a jury.1 The action had been instituted in the state court and removed by the defendant to the district court on the ground of diversity of citizenship.

Because we have concluded that the judgment should...

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