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DAVIS v. LAWRENCE-CEDARHURST BANK

No. 22610.

206 F.2d 388 (1953)

DAVIS v. LAWRENCE-CEDARHURST BANK.

United States Court of Appeals Second Circuit.

Decided August 6, 1953.

Attorney(s) appearing for the Case

Conklin & Bentley, New York City, for appellant, Edward S. Bentley, New York City, of counsel.

Max Schwartz, Brooklyn, N. Y., for appellee, William J. Rudin, Brooklyn, N. Y., of counsel.

Before CHASE, Chief Judge, and SWAN and CLARK, Circuit Judges.

PER CURIAM.

In an opinion adverse to the appellant, filed May 20, 1953, 204 F.2d 431, we referred to Sternberg v. Rubenstein, 279 App. Div. 30, 108 N.Y.S.2d 218, and said: "We believe the Sternberg case represents the correct interpretation of the statute and think it decisive of the case at bar." [204 F.2d 433.] Unknown to counsel or the court, the decision of the Appellate Division had...

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