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EDWARDS v. RECTOR, CHURCH WARDENS, ETC., OF TRINITY CHURCH

No. 427.

77 F.2d 884 (1935)

EDWARDS et al. v. RECTOR, CHURCH WARDENS AND VESTRYMEN OF TRINITY CHURCH IN CITY OF NEW YORK et al.

Circuit Court of Appeals, Second Circuit.

June 3, 1935.

Attorney(s) appearing for the Case

Ransom H. Gillett, of Albany, N. Y., for appellants.

Sprague, Seymour & Sprague, of New York City (Chase Mellen, of New York City, of counsel), for appellees.

Before MANTON, SWAN, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

The judgment below was entered on a dismissal of the appellants' second amended complaint. Section 277, Civil Practice Act, N. Y.; rule 107, Rules of Civil Practice, N. Y. Two questions are presented on this appeal: (1) Was the dismissal of the original complaint on the merits res adjudicata as to the questions on this appeal; and (2) is the suit barred by the statute of limitations?

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