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ZIMMER v. WELLS MANAGEMENT CORP.

No. 69 Civ. 2503.

366 F.Supp. 215 (1973)

Joseph F. ZIMMER, Plaintiff, v. WELLS MANAGEMENT CORP. et al., Defendants.

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

July 31, 1973.

Attorney(s) appearing for the Case

Schwartzman & Green, New York City (Benjamin H. Schwartzman, New York City, of counsel), for plaintiff.

Herrick, Feinstein, Mendelson & Abramson, New York City (Donald E. Nawi, New York City, of counsel), Clune & O'Brien, Mineola, N.Y. (James M. O'Brien, Mineola, N. Y., of counsel), for defendants.

MEMORANDUM AND ORDER

WHITMAN KNAPP, District Judge.

This case was tried without a jury. On June 7, 1973, I dismissed from the bench plaintiff's first cause of action but found for the plaintiff on his second cause of action based on breach of an employment contract. Pursuant to 28 U.S.C. § 1332(b) I assessed costs against the plaintiff because his verdict could not have been expected to exceed $10,000. Defendant now seeks to dissuade me from sustaining...

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