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DAVITT v. O'CONNOR

No. 214.

73 F.2d 43 (1934)

DAVITT v. O'CONNOR.

Circuit Court of Appeals, Second Circuit.

Rehearing Denied October 5, 1934.

Attorney(s) appearing for the Case

Myron Kommel, of New York City (David L. Podell, of New York City, of counsel), for plaintiff.

George E. O'Connor, of Waterford, N. Y. (John T. Norton, of Troy, N. Y., of counsel), for defendant.

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

SWAN, Circuit Judge.

Jurisdiction of the District Court is grounded on diverse citizenship. The bill of complaint, filed in August, 1927, sought to hold the defendant accountable for the proceeds of real estate acquired by him in 1919 while acting as the plaintiff's attorney. The answer denied that the defendant was acting as the plaintiff's attorney in respect to the matters complained of, pleaded the statute of frauds, and set up a counterclaim for legal services...

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