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MIGLIETTA v. KENNECOTT COPPER CORP.

25 A.D.2d 57 (1966)

J. Romeo Miglietta et al., Respondents, v. Kennecott Copper Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 8, 1966.

Attorney(s) appearing for the Case

William Piel, Jr., of counsel (Frederick A. Terry, Jr., and Donald C. Christ with him on the brief; Sullivan & Cromwell, attorneys), for appellant.

Edward N. Costikyan of counsel (Edward F. Malone with him on the brief; Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for respondents.

VALENTE, J. P., McNALLY, EAGER, STEUER and WITMER, JJ., concur.

Per Curiam.

The complaint is framed to recover damages for breach of a written agreement for the exploitation, as a joint venture, of certain asbestos deposits located in Greece. Since a copy of the agreement is annexed to and made a part of the complaint, "the rights and duties of the parties must be determined by the terms of the contract annexed to the complaint, and not by the plaintiff's characterization or construction...

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