Allen & Company v. Occidental Petroleum Corporation

J. JOSEPH SMITH, Circuit Judge:

Plaintiff Allen & Company, an investment banking concern, appeals from the judgment after trial to the court in the United States District Court for the Southern District of New York, Edward Weinfeld, Judge, finding defendant Occidental Petroleum Corporation not liable to plaintiff for alleged breach of contract. The court, which had jurisdiction over the complaint by virtue of the parties’ diversity of citizenship, 28 U.S.C. § 1332, premised its judgment for defendant on four alternative grounds: the contract did not come into being for lack of contractual…