Opinion
No. 621, Docket 34091.
Argued May 11, 1970.
Decided May 20, 1970.
Appeal from a judgment from the United States District Court for the Southern District of New York dismissing the action on the merits as against defendant Phillips Petroleum Company entered upon a decision of Weinfeld, J. granting defendant Phillips' motion for summary judgment.
Copal Mintz, Roman Beck, and Benjamin M. Cardozo, New York City (Cardozo Cardozo, New York City, of counsel), for plaintiff-appellant.
Robert MacCrate, and J. Marshall Wellborn, New York City (Sullivan Cromwell, New York City, of counsel), for defendant-appellee.
We affirm for the reasons stated by Judge Weinfeld in his opinion below, 303 F. Supp. 573 (S.D.N.Y. 1969).