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CAMPBELL v. AMERICAN FABRICS CO.

No. 232, Docket 20945.

168 F.2d 959 (1948)

CAMPBELL v. AMERICAN FABRICS CO.

Circuit Court of Appeals, Second Circuit.

As Modified on Rehearing July 13, 1948.

Attorney(s) appearing for the Case

Campbell & Hills, of New York City (Edgar Hills and Morris A. Marks, both of New York City, of counsel), for plaintiff-appellant.

Frederick S. Duncan, of New York City (Edward K. Hanlon and Bertrand L. Kohlmann, both of New York City, of counsel), for defendant-appellee.

Before SWAN, CLARK, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. Plaintiff argues that we should reverse for error in granting the summary judgment on the ground that there was a triable issue of fact. We would agree, if Sirrine were available as a witness at a trial. For then it would have been error to deny plaintiff the opportunity to examine Sirrine in open court, with his demeanor observable by the trial judge.1 But as Sirrine...

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