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HOLMBERG v. ARMBRECHT

No. 305.

150 F.2d 829 (1945)

HOLMBERG et al. v. ARMBRECHT et al.

Circuit Court of Appeals, Second Circuit.

July 13, 1945.

Attorney(s) appearing for the Case

Edgar M. Souza, of New York City (Cook, Lehman, Goldmark & Loeb, of New York City, on the brief), for defendants-appellants.

Clarence Fried, of New York City (Franklin S. Wood, of New York City, on the brief), for plaintiffs-appellees.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

This appeal presents the interesting question of the applicability of a state statute of limitations to a federally created equitable right. The District Court held that as to "a bill in equity" "the state statute of limitations is not recognized law in this court," citing Russell v. Todd, 309 U.S. 280, 60 S.Ct. 527, 84 L.Ed. 754, and York v. Guaranty Trust Co., 2 Cir., 143 F.2d 503

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