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SMITH v. STASO MILLING CO.

No. 238.

18 F.2d 736 (1927)

SMITH v. STASO MILLING CO.

Circuit Court of Appeals, Second Circuit.

April 4, 1927.

Attorney(s) appearing for the Case

J. B. McCormick, of Granville, N. Y. (M. C. Webber, of Rutland, Vt., of counsel), for appellant.

W. S. Fenton, of Rutland, Vt., for appellee.

Before MANTON, HAND, and SWAN, Circuit Judges.

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

As this case concerns the enjoyment of land in the state of Vermont, and depends upon the relative interests of two landowners, we are to decide it in accordance with the common law of that state, so far as it is disclosed by the decisions of its highest court. Buchser v. Buchser, 231 U.S. 157, 34 S.Ct. 46, 58 L. Ed. 166. So far as we can find, however, the Vermont decisions are...

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