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SMITH v. BEAR

No. 225, Docket 23863.

237 F.2d 79 (1956)

DeLancey C. SMITH, Plaintiff-Appellant, v. Joseph Ainslie BEAR, Harold C. Mayer, V. Theodore Low, Salim L. Lewis, David Finkle, Donald C. Lillis, Leonard Dickson and Robert B. Stearns, individually and as co-partners doing business under the firm name and style of Bear, Stearns & Co., Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided September 4, 1956.

Attorney(s) appearing for the Case

Hale, Stimson, Russell & Nickerson, New York City (Eugene H. Nickerson, Henry I. Stimson, Lawrence L. Stentzel, II, New York City, of counsel), for plaintiff-appellant.

Winthrop, Stimson, Putnam & Roberts, New York City (Allen T. Klots, Merrell E. Clark, Jr., New York City, of counsel), for defendants-appellees.

Before MEDINA, HINCKS and WATERMAN, Circuit Judges.

WATERMAN, Circuit Judge.

The action here was brought on January 10, 1950 in the U. S. District Court for the Southern District of New York, by DeLancey C. Smith, a resident of California, against eight defendants, as individuals and as co-partners of the New York City brokerage firm of Bear, Stearns & Co. Smith sued as assignee of the claims of F. E. Hesthal Co., Inc., a California corporation of which he was president, and as assignee of the claims of one Curtis...

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