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LAND OBEROESTERREICH v. GUDE

No. 155.

109 F.2d 635 (1940)

LAND OBEROESTERREICH v. GUDE et al.

Circuit Court of Appeals, Second Circuit.

February 13, 1940.

Attorney(s) appearing for the Case

David W. Kahn, of New York City (Wachtell, Manheim & Grouf and Nathan Siegel, all of New York City, on the brief), for plaintiff.

Karl T. Frederick, of New York City (A. Spotswood Campbell, of New York City, of counsel), for defendants.

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

CLARK, Circuit Judge.

This controversy has been long in our courts. We passed upon it at length in 2 Cir., 86 F.2d 621, certiorari denied 300 U.S. 663, 57 S.Ct. 493, 81 L.Ed. 871; then considered were many of the issues now brought before us again. Before turning to these issues, we must advert to a new problem, not present at the first trial. That problem is whether Land Oberoesterreich, the Province of Upper Austria, has the capacity...

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