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ULM v. MOORE-McCORMACK LINES,

No. 122.

117 F.2d 222 (1941)

ULM v. MOORE-McCORMACK LINES, Inc.

Circuit Court of Appeals, Second Circuit.

January 27, 1941.

Attorney(s) appearing for the Case

Joseph S. Robinson, of New York City (N. Sinclair Robinson and Arthur S. Gales, both of New York City, on the brief), for petitioner.

John C. Crawley, of New York City (Barry, Wainwright, Thacher & Symmers, of New York City, on the brief), in opposition.

Before SWAN, CHASE, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

Plaintiff reads our opinion herein, 2 Cir., 115 F.2d 492, as saying, in effect, that "upon any trial, an attorney for one of the parties may pick up any piece of paper, offer it in evidence upon a showing that it was subpoenaed, and the offer must be accepted," if its contents are relevant. We do not think that a fair reading; at any rate, we hasten to disavow any intent to set aside the statutory provisions...

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