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GRUBER v. S-M NEWS COMPANY

126 F.Supp. 442 (1954)

Gilbert S. GRUBER and Anthony C. Martin, doing business as International Cards, Plaintiffs, v. S-M NEWS COMPANY, Inc., Defendant.

United States District Court, S. D. New York.

December 8, 1954.

Attorney(s) appearing for the Case

Nemeroff, Jelline, Danzig & Paley, New York City, for plaintiffs (Elliot B. Paley, New York City, of counsel).

Whitman, Ransom & Coulson, New York City, for defendant (Patrick H. Sullivan, Bernard L. Sanoff, Robert Coulson, New York City, of counsel).

MURPHY, District Judge.

Plaintiffs, invoking jurisdiction of this court on the basis of diverse citizenship, seek damages for breach of contract. Plaintiffs allege in the first count of their complaint (the other two have been withdrawn), that a contract between them and defendant was made about September 10, 1945 at their principal place of business in New York. Under this agreement, plaintiffs allege that they promised to manufacture in conformity with samples approved...

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