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RUSSELL v. BARNES FOUNDATION

No. 8586.

143 F.2d 871 (1944)

RUSSELL v. BARNES FOUNDATION.

Circuit Court of Appeals, Third Circuit.

Decided June 27, 1944.

Attorney(s) appearing for the Case

Gerald A. Gleeson, of Philadelphia, Pa. (Edward J. McGrath, of Philadelphia, Pa., on the brief), for appellant.

Thomas Raeburn White, of Philadelphia, Pa. (White & Staples, of Philadelphia, Pa., on the brief), for appellee.

Before BRATTON, JONES, and McLAUGHLIN, Circuit Judges.

PER CURIAM.

The principal question raised by this appeal relates to the trial court's exclusion of certain evidence and is to be determined according to the law of the forum. Restatement, Conflict of Laws § 597. Under the undisputed facts appearing of record, which contain neither averment nor proof of fraud, accident or mistake in the making of the written contract whereon the suit is based, the learned trial judge very properly overruled the defendant's offer...

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