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STONE v. GRAYSON SHOPS

No. 176, Docket 21228.

173 F.2d 135 (1949)

STONE v. GRAYSON SHOPS, Inc. (OF CALIFORNIA).

United States Court of Appeals Second Circuit.

Writ of Certiorari Denied June 6, 1949.

Attorney(s) appearing for the Case

Lazansky, Callaghan & Stout, of New York City (Stephen Callaghan, Ralph Stout, and Thomas A. Gaffney, all of New York City, of counsel), for plaintiff.

Poletti, Diamond, Freidin & Mackay, of New York City (David Mackay and Emanuel L. Gordon, both of New York City, of counsel), for defendant.

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

Writ of Certiorari Denied June 6, 1949. See 69 S.Ct. 1171.

FRANK, Circuit Judge.

Defendant asserted as its chief defenses (1) fraud, (2) breach of an express warranty, and (3) breach of an implied warranty. We think the trial judge correctly decided that, in support of these defenses, there was not evidence sufficient to go to the jury. Diamond, an experienced lawyer, who appeared in this suit as defendant's counsel, merely gave his understanding of what plaintiff...

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