EDELSTEIN v. GILLMORE

No. 345.

35 F.2d 723 (1929)

EDELSTEIN v. GILLMORE et al.

Circuit Court of Appeals, Second Circuit.

Rehearing Denied September 26, 1929.


Attorney(s) appearing for the Case

Justus Sheffield, of New York City (Paul N. Turner, Emily C. Holt, and Justus Sheffield, all of New York City, of counsel), for appellants.

Nathan Burkan, of New York City, for appellee.

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


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

It may be, as the appellee contends, that the resolution formally adopted by Equity did not contain the paragraph which excepts from its operation contracts between plaintiff and members of Equity made prior to October 9, 1928. However that may be, the District Judge has found that the defendants are not threatening to enforce the resolution with respect to such contracts. Hence the case involves no attempt by...

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