FRANK, Circuit Judge.
1. Perhaps the most to be said for the "best evidence rule" is that it may serve on occasion as a good mnemonic device. It did not so serve the trial judge here, for it awoke in him an incorrect recollection when, in rejecting the oral testimony as to partnership earnings and in refusing to allow the plaintiff's counsel to argue for its admissibility, he said, "I am not going to hear an elementary argument on law school evidence."
"In...
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