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YORK v. GUARANTY TRUST CO. OF NEW YORK

No. 256.

143 F.2d 503 (1944)

YORK v. GUARANTY TRUST CO. OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

Rehearing Denied and Opinion Revised May 25, 1944.

Attorney(s) appearing for the Case

Meyer Abrams, of Chicago, Ill., and Bennett I. Schlessel, of New York City (Shulman, Shulman and Abrams, of Chicago, Ill., of counsel), for appellant.

Davis Polk Wardwell Gardiner & Reed, of New York City (Ralph M. Carson and Francis W. Phillips, both of New York City, of counsel), for appellee.

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

FRANK, Circuit Judge.

1. This case is here on appeal from a summary judgment, for the defendant, entered on the pleadings and affidavits. As a consequence some of the highly complicated facts are not entirely clear and the following statement of facts must be read with that in mind. Wherever in this opinion we refer to our conclusions "on the facts now before us" or use similar locutions, it is to be understood that we are not now making any findings, but are merely...

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