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E. I. DU PONT DE NEMOURS & CO. v. BYRNES

No. 160.

101 F.2d 14 (1939)

E. I. DU PONT DE NEMOURS & CO. v. BYRNES.

Circuit Court of Appeals, Second Circuit.

January 9, 1939.

Attorney(s) appearing for the Case

Wm. S. Pritchard, of New York City, and Chester H. Biesterfeld, and Arthur G. Connolly, both of Wilmington, Del., for appellant.

George Ramsey, of New York City (Charles F. Chisholm, of New York City, of counsel), for appellee Clarence P. Byrnes.

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

MANTON, Circuit Judge.

At the oral argument of this case, we reversed the order and directed the lower court to appoint a master to take testimony and determine the place of residence or inhabitancy of appellee. The petition for reargument states that both parties are willing that a decision be made upon the affidavits found in the record. Upon that agreement we proceed to do so.

In this suit for a declaratory judgment, § 274d Jud.Code, 28 U.S.C.A. &...

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