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ROCKMORE v. LEHMAN

No. 227.

129 F.2d 892 (1942)

ROCKMORE v. LEHMAN et al.

Circuit Court of Appeals, Second Circuit.

August 19, 1942.

Attorney(s) appearing for the Case

Jacob M. Zinaman, of New York City, for petitioner Joseph S. Abrams.

Abraham Lehman, of Brooklyn, N. Y. (Henry C. Lehman, of Brooklyn, N. Y., of counsel), for petitioner Mathilde Lehman.

David Haar, of New York City, for Max Rockmore, trustee, opposed.

Effingham Evarts, of New York City (J. Thomas Schneider, of New York City, of counsel), Amici Curiae for Reconstruction Finance Corporation.

Milbank, Tweed & Hope, Davis Polk Wardwell Gardiner & Reed, Larkin, Rathbone & Perry, Shearman & Sterling, and White & Case, all of New York City, Amici Curiae for various banking institutions.

Before AUGUSTUS N. HAND, CLARK, and FRANK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The parties have had full opportunity to present their views upon all phases of this appeal in the briefs filed on the motion for a rehearing. We shall accordingly treat the petition for a rehearing as granted, a rehearing had and proceed to a final disposition of the appeal.

Upon a further examination of the authorities we have become convinced that the majority opinion did not correctly interpret the New York law as applied...

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