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METZ v. KNOBEL

No. 363.

21 F.2d 317 (1927)

METZ v. KNOBEL et al.

Circuit Court of Appeals, Second Circuit.

July 26, 1927.

Attorney(s) appearing for the Case

Eugene S. Bibb, of New York City, and Allen & Fletcher, of Minneapolis, Minn. (John Marx, of New York City, of counsel), for appellant.

Levy & Levy, of New York City (Ellis V. Levy, of New York City, of counsel), for appellees.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge (after stating the facts as above).

The judgment should have been brought up for review by writ of error rather than appeal. However, such errors of form may be ignored. Brown v. Leo, 12 F.2d 350 (C. C. A. 2).

The appellant, who will be referred to hereinafter as the plaintiff, states that the theory of his suit is recovery upon the decree entered by the referee...

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