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SPANOS PAINTING CONTRACTORS v. UNION BLDG. & CONST. CORP.

No. 425, Docket 28705.

334 F.2d 457 (1964)

SPANOS PAINTING CONTRACTORS, INC., Plaintiff-Appellant, v. UNION BUILDING & CONSTRUCTION CORP., Defendant-Appellee, and Cunningham, Nielsen & Molloy, Inc., Fidelity & Deposit Company of Maryland, The People of the State of New York, New York State Thruway Authority, Department of Public Works of the State of New York, Reinforced Steel Contracting Corp., Chisholm Contracting Company, Syro Steel Company, Ernst Steel Corporation, Gulf Oil Corporation, Defendants.

United States Court of Appeals Second Circuit.

Decided July 20, 1964.

Attorney(s) appearing for the Case

Evan A. Chriss, Baltimore, Md. (Harry Giesow, Gainsburg, Gottlieb, Levitan & Cole, New York City, on the brief), for plaintiff-appellant.

William J. Murphy, Albany, N. Y. (McClung, Peters & Simon, Albany, N. Y., on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, and WATERMAN and HAYS, Circuit Judges.

LUMBARD, Chief Judge.

This appeal, brought in a diversity action by Spanos Painting Contractors, Inc., from a judgment of the United States District Court for the Southern District of New York which dismissed its complaint after a trial without a jury, raises four claims: (1) that there was insufficient evidence to support Judge Bonsal's finding of fact that Spanos' attorney had authority to execute two releases to the appellee...

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