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PHILO SMITH & CO., INC. v. USLIFE CORP.

No. 74 Civ. 1280 (CHT).

420 F.Supp. 1266 (1976)

PHILO SMITH & COMPANY, INC. and James E. Rutherford, Plaintiffs, v. USLIFE CORPORATION, Defendant.

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

September 24, 1976.

Attorney(s) appearing for the Case

Dewey, Ballantine, Bushby, Palmer & Wood, New York City, for plaintiffs; Russel H. Beatie, Jr., Brendan P. Bovaird, New York City, of counsel.

Ullman Van Ginkel P. C., Sullivan & Cromwell, New York City, for defendant; Joel M. Miller, Susan J. McCone, New York City, of counsel.

OPINION

TENNEY, District Judge.

This is an action for the recovery of a finder's fee brought under this Court's diversity jurisdiction, 28 U.S.C. § 1332. In an earlier memorandum opinion, dated December 20, 1974, the Court sustained the complaint insofar as it supported recovery based on the doctrine of promissory estoppel but dismissed the plaintiffs' other claims, based on two written finder's fee agreements and on the theory of quantum meruit, as...

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