Kopitko v. J. T. Flagg Knitting Co.

IRVING R. KAUFMAN, District Judge.

Action herein was commenced in the Supreme Court of the State of New York, County of New York, on February 9, 1953 against both defendants on one cause of action for breach'of a contract entered into between plaintiff’s assignor and defendant, J. T. Flagg Knitting Company, Inc. (hereinafter “Flagg”), a foreign corporation. In paragraph 10 of the complaint it is alleged that “on or about December 1, 1952 Flagg combined or merged with Utica Knitting Co., Inc. under the name of Flagg-Utica Corporation” (hereinafter “Flagg-Utica”). Flagg-Utica', a New York…