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COHEN v. RANDALL

No. 238.

137 F.2d 441 (1943)

COHEN v. RANDALL.

Circuit Court of Appeals, Second Circuit.

July 20, 1943.

Attorney(s) appearing for the Case

Gustave B. Garfield, of New York City (Davidson & Mann, Harvey T. Mann, and Maurice P. Davidson, all of New York City, on the brief), for appellant.

Robert D. Steefel, of New York City (Stroock & Stroock, of New York City, on the brief), for appellee.

Before SWAN, CLARK, and FRANK, Circuit Judges.

CLARK, Circuit Judge.

This appeal reasserts the sufficiency of plaintiff's complaint, which was dismissed below on motion before answer for failure to state a claim against defendant upon which relief could be granted. Federal jurisdiction rests on diversity of citizenship, the plaintiff being a resident of California. She was formerly the wife of Nathan D. Cohen, of the City of New York, who died testate in 1940. On June...

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