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BERCOVICI v. CHAPLIN

56 F.Supp. 417 (1944)

BERCOVICI v. CHAPLIN.

District Court, S. D. New York.

April 10, 1944.

Attorney(s) appearing for the Case

Davidson & Davidson, of New York City (Louis B. Davidson, of New York City, of counsel), for plaintiff.

Schwartz & Frohlich, of New York City (Louis D. Frohlich and Herbert P. Jacoby, both of New York City, of counsel), for defendant.

CAFFEY, District Judge.

There are two angles of approach. One will deal with the motion as an entirety; the other, with it by counts. Both aspects will be discussed.

I. If the motion be considered as an entirety, I think it must be denied. As I conceive, this is true because disposition of it otherwise would conflict with a previous ruling by judge Rifkind. I am bound by that ruling. Commercial Union of America v. Anglo-South American Bank, 2 Cir.,

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