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YOUNG REALTY CO. v. DARLING STORES CORPORATION

No. 232.

128 F.2d 556 (1942)

YOUNG REALTY CO. v. DARLING STORES CORPORATION.

Circuit Court of Appeals, Second Circuit.

May 25, 1942.

Attorney(s) appearing for the Case

Szold & Brandwen, of New York City (Irvine J. Shubert and Aaron Levy, both of New York City, of counsel), for plaintiff-appellee.

Stanley M. Dorman, of New York City (Eugene Frederick Roth, of New York City, on the brief), for defendant-appellant.

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

FRANK, Circuit Judge.

This action is brought upon a judgment obtained in a federal district court in Iowa, which was affirmed in Darling Stores Corp. v. Young Realty Co., 8 Cir., 121 F.2d 112, certiorari denied October 13, 1942, 314 U.S. 658, 62 S.Ct. 111, 86 L.Ed. ___. There the appellant raised precisely the issue of lack of jurisdiction that it has raised here, but the decision, as indicated, went against it. It asserts here, in...

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