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LOWRY & CO. v. NATIONAL CITY BANK

28 F.2d 895 (1928)

LOWRY & CO., Inc., v. NATIONAL CITY BANK OF NEW YORK.

District Court, S. D. New York.

September 26, 1928.

Attorney(s) appearing for the Case

Root, Clark, Buckner, Howland & Ballantine and Rushmore, Bisbee & Stern, of New York City (Vincent R. Smalley, of New York City, of counsel), for plaintiff.

Shearman & Sterling, of New York City (Carl A. Mead and William Deering Howe, both of New York City, of counsel), for defendant.

THACHER, District Judge (after stating the facts as above).

Conformity to the practice in the state courts prescribed by section 914, R. S. (28 USCA § 724), is necessarily subject to limitations imposed by the Constitution and laws of the United States upon the jurisdiction of the District Courts, and by statutes regulating procedure in these courts. The provisions of the Civil Practice Act of the state here in question embody a most desirable reform in judicial...

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