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POTTS v. VILLAGE OF HAVERSTRAW

No. 91.

93 F.2d 506 (1937)

POTTS v. VILLAGE OF HAVERSTRAW.

Circuit Court of Appeals, Second Circuit.

December 13, 1937.

Attorney(s) appearing for the Case

Kellogg, Emery & Inness-Brown, of New York City (David Paine and Harold Kronig, both of New York City, of counsel), for appellant.

Ernest W. Hofstatter, of Nyack, N. Y. (Monroe J. Cahn, and Alfred S. Schechter, both of White Plains, N. Y., of counsel), for appellee.

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

L. HAND, Circuit Judge.

This is an appeal from a judgment, dismissing an amended complaint in an action in contract, upon motion of the defendant under subdivision 6 of Rule 107 of the New York Rules of Civil Practice, on the ground that the "cause of action did not accrue within the time limited by law for the commencement of an action thereon." The case has already been before this court; it was tried to a jury which rendered...

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