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BUDER v. NEW YORK TRUST CO.

No. 69.

107 F.2d 705 (1939)

BUDER v. NEW YORK TRUST CO.

Circuit Court of Appeals, Second Circuit.

November 6, 1939.

Attorney(s) appearing for the Case

Olvany, Eisner & Donnelly, of New York City (James F. Donnelly, of New York City, of counsel), for appellant.

White & Case, of New York City (David Paine and Orison S. Marden, both of New York City, of counsel), for appellee.

Before SWAN, CHASE, and PATTERSON, Circuit Judges.

PER CURIAM.

This case has been much litigated. The first trial resulted in a disagreement by the jury; the second in judgment for the plaintiff, which this court reversed in Buder v. New York Trust Co., 82 F.2d 168, 104 A.L.R. 1035; and the present appeal brings up the proceedings at the trial which followed that reversal. Although the plaintiff obtained judgment on the third and fourth counts of his complaint, the result was substantially...

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