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ROTHENBERG v. KAMEN

No. 1168, Docket 84-7072.

735 F.2d 753 (1984)

Sheldon P. ROTHENBERG, Plaintiff-Appellant, v. Dean KAMEN and Evelyn Kamen, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 4, 1984.

Attorney(s) appearing for the Case

Herbert Blecker, New York City (John M. Calimafde, Robert E. Kosinski, Ira B. Winkler, Hopgood, Calimafde, Kalil, Blaustein & Judlowe, New York City, of counsel), for plaintiff-appellant.

Gerald Gillerman, Boston, Mass. (Gene K. Landy, Eileen M. Herlihy, Widett, Slater & Goldman, P.C., Boston, Mass., of counsel), for defendants-appellees.

Before LUMBARD, MANSFIELD and KEARSE, Circuit Judges.

PER CURIAM:

In this diversity action in the Eastern District of New York for breach of contract plaintiff Sheldon Rothenberg appeals from a judgment entered by Judge Eugene H. Nickerson on December 22, 1983, dismissing the suit pursuant to an order entered by him on September 20, 1983, during the course of a jury trial of the case, upon the court's being advised by the parties that they had reached basic settlement terms. The order of discontinuance provided that...

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