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ROGERS v. SCHENKEL

No. 253, Docket 20577.

162 F.2d 596 (1947)

ROGERS v. SCHENKEL et al.

Circuit Court of Appeals, Second Circuit.

June 21, 1947.

Attorney(s) appearing for the Case

Spencer, Ogden, Gandy & Gillette, of Rochester, N. Y. (Donald F. Gandy, of Rochester, N. Y., of counsel), for plaintiff.

Walter S. Forsyth, of Rochester, N. Y., for defendants.

Before CHASE, CLARK, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

There is evidence, consisting in considerable part of oral testimony, which amply supports the judge's findings. But we cannot agree with his legal conclusions. Although they may have seemed to be justified when made, subsequent decisions of the Supreme Court compel reversal. See Walling v. Portland Terminal Co., 67 S.Ct. 639; Walling v. Nashville, Chattanooga & St. Louis Ry., 67 S.Ct. 644.1

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