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KNICKERBOCKER ICE CO. v. HOFSTATTER

No. 205.

32 F.2d 184 (1929)

KNICKERBOCKER ICE CO. v. HOFSTATTER et al.

Circuit Court of Appeals, Second Circuit.

April 15, 1929.

Attorney(s) appearing for the Case

Dunnington, Walker & Gregg, of New York City (Allan R. Campbell, of White Plains, N. Y., and Herbert Plaut, of New York City, of counsel), for appellant.

J. Du Pratt White, of New York City (White & Case, of New York City, of counsel), for appellees.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

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

The trial court was right in denying the motion to dismiss for want of jurisdiction. Rabenold was not a vendee. What is said concerning a vendee in New Mexico v. Lane, 243 U.S. 52-58, 37 S.Ct. 348, 61 L. Ed. 588, does not apply here. At most, Rabenold was only a prospective vendee, who was affected by this suit only in that its decision...

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