Sarnoff v. Ciaglia

O’CONNELL, Circuit Judge.

The appeal at bar raises questions concerning Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. 1

Jurisdiction is based upon diversity of citizenship. Plaintiffs, residents of Pennsylvania, have alleged in their complaint, as elaborated in the bill of particulars and affidavits, that defendant, a resident of New Jersey employed as adviser by plaintiffs, “fraudulently and for the purpose of intentionally deceiving, cheating and defrauding the plaintiffs,” represented to them that machinery they had ordered from the F. J. Stokes…