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LEE v. STATE BANK & TRUST CO.

No. 53.

54 F.2d 518 (1931)

LEE v. STATE BANK & TRUST CO.

Circuit Court of Appeals, Second Circuit.

December 21, 1931.

Attorney(s) appearing for the Case

Jonas & Neuburger, of New York City (Leonard G. Bisco and Murray L. Jacobs, both of New York City, of counsel), for defendant.

David Haar, of New York City, for plaintiff.

Ernst, Gale & Bernays, of New York City (Murray C. Bernays, and Abraham Friedman, both of New York City, of counsel), for Irving Trust Co., trustee, amicus curiæ.

Haight, Smith, Griffin & Deming, of New York City (Stanley W. Schaefer and Donald Havens, both of New York City, of counsel), for Finance Service Company, amicus curiæ.

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

SWAN, Circuit Judge.

This litigation was before this court on a former appeal from a decree dismissing the complaint. Lee v. State Bank & Trust Co. (C. C. A.) 38 F.2d 45. That decree was reversed upon the theory that the plaintiff had made a prima facie case, and the cause was remanded to allow the defendant an opportunity to offer evidence in defense. As a result of the second trial, the District Court entered a decree holding...

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