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KROPFF v. SANGER

No. 278, Docket 35170.

437 F.2d 43 (1971)

Alvin I. KROPFF, Plaintiff-Appellant, v. Rita B. SANGER, as Executrix of Estate of Harry Sanger, Deceased, and Myron Wander, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 15, 1971.

Attorney(s) appearing for the Case

Samuel P. Cohen, New York City, for plaintiff-appellant.

Charles Koozman, New York City (Gerald Blumberg, New York City, of counsel), for defendant-appellee Rita B. Sanger.

Allan Graff, New York City (Shatzkin & Cooper, Burton S. Cooper, New York City, of counsel), for defendant-appellee Myron Wander.

Before FRIENDLY, SMITH and ANDERSON, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York (John M. Cannella, Judge) granting the motions of defendants-appellees to dismiss an action to rescind an assignment of a remainder interest in an estate on the grounds that the unjustifiable and unreasonable delay of the plaintiff-appellant in bringing suit has caused the doctrine of laches to bar his claim. We find error in granting...

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