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WALTERMAN v. TAYLOR

No. 283, Docket 21008.

168 F.2d 413 (1948)

WALTERMAN v. TAYLOR et al.

Circuit Court of Appeals, Second Circuit.

May 29, 1948.

Attorney(s) appearing for the Case

Louis Kaye, of New York City, for plaintiff-appellant.

White & Case, of New York City (Joseph M. Hartfield and Orison S. Marden, both of New York City, of counsel), for defendant-appellee Taylor.

Before AUGUSTUS N. HAND, CHASE and FRANK, Circuit Judges.

PER CURIAM.

This is an action for a declaratory judgment. The court below denied the plaintiff's demand for a jury trial and the plaintiff appeals. The disposition of the court was plainly right since neither the pleadings nor the proof disclose any cause of action for damages, for the establishment of an interest in property, nor is any other issue of legal cognizance involved, but only a claim for the establishment of the plaintiff's personal status. Our recent...

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