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FEUERSTEIN v. ZUKOR

No. 218, Docket 21277.

174 F.2d 371 (1949)

FEUERSTEIN et al. v. ZUKOR et al.

United States Court of Appeals Second Circuit.

May 9, 1949.

Attorney(s) appearing for the Case

Riegelman, Strasser, Schwarz & Spiegelberg, of New York City (George A. Spiegelberg, Walter J. Fried and Robert H. Preiskel, all of New York City, of counsel), for appellants.

Phillips, Nizer, Benjamin & Krim, of New York City (Walter S. Beck and Seymour Shainswit, both of New York City, of counsel), for appellees.

Before CHASE, CLARK, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

The Supreme Court has told us that, in litigation like this, we must apply the rationale of the pertinent New York decisions. That is not too easy a task. For we had no part in contriving that rationale, and we must spell it out of cases decided at different dates and not by the highest court of the state, so that we are in danger of matching cases in a merely mechanical manner without an adequately sensitive comprehension of the policy which...

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