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OSBORNE v. SALVATION ARMY

No. 32.

107 F.2d 929 (1939)

OSBORNE v. SALVATION ARMY.

Circuit Court of Appeals, Second Circuit.

November 13, 1939.

Attorney(s) appearing for the Case

Sidney Schiffman, of New York City (Arthur Hutter, of New York City, of counsel), for plaintiff-appellant.

Cadwalader, Wickersham & Taft, of New York City (Walbridge S. Taft, Jacquelin A. Swords, and Donald H. Larmee, all of New York City, of counsel), for defendant-appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

In October, 1937, the defendant, The Salvation Army, was the owner of a building at 535 West 48th Street, in New York City, and there conducted a home for unemployed and destitute men where they were furnished with board and lodging. The men were not required to pay anything but were required to perform work that might be assigned to them in the nature of housecleaning in the building in which they were living. The purpose of this...

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