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ST. NICHOLAS CATHEDRAL v. KEDROFF

306 N.Y. 38 (1953)

Saint Nicholas Cathedral of the Russian Orthodox Church in North America, Appellant, v. John Kedroff and Benjamin Fedchenkoff, as Archbishop of The Archdiocese of North America and The Aleutian Islands of the Russian Orthodox Greek Catholic Church, Respondents.

Court of Appeals of the State of New York.

Decided July 14, 1953

Attorney(s) appearing for the Case

Philip Adler for motion.

Ralph Montgomery Arkush opposed.

LEWIS, Ch. J., DYE and FROESSEL, JJ., concur with CONWAY, J.; DESMOND, J., dissents in opinion in which FULD, J., concurs; VAN VOORHIS, J., taking no part.

CONWAY, J.

The decision of this court in St. Nicholas Cathedral v. Kedroff (302 N.Y. 1), directing judgment in favor of the plaintiff, i.e., the group known as the "Russian Church in America," has been reversed by the Supreme Court of the United States in a majority opinion written by Mr. Justice REED, and the case has been remanded...

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