No. 82, Docket 21449.

178 F.2d 872 (1949)

COLBY v. KLUNE et al.

United States Court of Appeals Second Circuit.

Decided December 27, 1949.

Attorney(s) appearing for the Case

Morris J. Levy, New York City, for appellant.

Dwight, Harris, Koegel & Caskey, New York City, (H. Blackmer Johnson and Caesar L. Pitassy, New York City, of counsel) for appellees.

Before L. HAND, Chief Judge, and SWAN and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. We have in this case one more regrettable instance of an effort to save time by an improper reversion to "trial by affidavit," improper because there is involved an issue of fact, turning on credibility.1 Trial on oral testimony, with the opportunity to examine and cross-examine witnesses in open court, has often been acclaimed as one of the persistent, distinctive, and...


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