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CITIES SERVICE CO., INC. v. DERBY & CO., INC.

No. 82 Civ. 0682 (SWK).

654 F.Supp. 492 (1987)

CITIES SERVICE COMPANY, INC., Plaintiff, v. DERBY & CO., INC., Defendant.

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

February 20, 1987.

Attorney(s) appearing for the Case

Hill, Betts & Nash by Allan J. Graf, New York City, for plaintiff.

Windels, Marx, Davies & Ives by Robert J. Lynch, New York City, for defendant.

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

The above-captioned matter was tried by the Court without a jury. The Court's findings of fact and conclusions of law are set forth below.

INTRODUCTION

Subject matter jurisdiction in this contract action is founded on diversity of citizenship under 28 U.S.C. § 1332. Plaintiff seeks to recover judgment in the amount of $374,225.76 by reason of defendant's alleged failure to pay for...

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