Legal Opinion

Ginsberg MacHine Co., Inc. v. J. & H. Label Processing Corp.

Court of Appeals for the Second Circuit

Decided February 15, 1965No. 171, Docket 29115PublishedCited by 36 opinions

1Opinion of the Court

MARSHALL, Circuit Judge.

Plaintiff commenced an action for breach of contract in a New York state court, and it was removed, pursuant to 28 U.S.C. 1441(b), to the District Court for the Southern District of New York. Trial commenced before Judge Levet and a jury, and at the conclusion of plaintiff’s case, defendant moved for a directed verdict and for dismissal of the complaint. The motion was granted and we affirm.

Jack Ginsberg, plaintiff’s president, testified that he and Cliff Jordan, defendant’s president, created an oral contract at a business convention in Atlantic City in 1953. Jordan…

2Cases cited9 opinions

  1. Wood v. . Duff-GordonNew York Court of Appeals · 1917
  2. Auten v. AutenNew York Court of Appeals · 1954
  3. Crabtree v. Elizabeth Arden Sales Corp.New York Court of Appeals · 1953
  4. Zupan v. BlumbergNew York Court of Appeals · 1957
  5. Drake v. . SeamanNew York Court of Appeals · 1884

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3Cited by36 opinions

  1. North Shore Bottling Co. v. C. Schmidt & Sons, Inc.New York Court of Appeals · 1968
  2. Interocean Shipping Company v. National Shipping and Trading Corporation and Hellenic International Shipping, S.A.Court of Appeals for the Second Circuit · 1972
  3. Olympic Junior, Inc., in No. 71-1440 v. David Crystal, Inc. Appeal of Edward Defabio, in No. 71-1441. Appeal of Paul D'alessandro, in No. 71-1442Court of Appeals for the Third Circuit · 1972
  4. Schwanbeck v. Federal-Mogul Corp.Massachusetts Appeals Court · 1991
  5. Candid Productions, Inc. v. International Skating UnionDistrict Court, S.D. New York · 1982

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