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DROSTE v. HARRY ATLAS SONS

No. 56.

147 F.2d 675 (1945)

DROSTE v. HARRY ATLAS SONS, Inc., et al.

Circuit Court of Appeals, Second Circuit.

February 14, 1945.

Attorney(s) appearing for the Case

Harry Bijur, of New York City, for petitioner.

Before L. HAND, SWAN, and CLARK, Circuit Judges.

SWAN, Circuit Judge.

By a decision reported in 145 F.2d 899, this court reversed a judgment for the plaintiff-appellee in an action for breach of contract. Our decision went on the ground that the oral agreement sued upon was invalidated by the New York statute of frauds as construed in Cohen v. Bartgis Bros. Co., 264 App.Div. 260, 35 N.Y.S.2d 206, affirmed 289 N.Y. 846, 47 N.E.2d 443. The...

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