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COHEN v. FRANCHARD CORPORATION

No. 359, Docket 72-1724.

478 F.2d 115 (1973)

Abraham COHEN and Esther Friedlander, Co-Executors of the Last Will of Raphael Cohen, Deceased, Plaintiffs-Appellants, v. FRANCHARD CORPORATION et al., Defendants-Appellees, and Joseph E. Low et al., Defendants.

United States Court of Appeals, Second Circuit.

Decided April 11, 1973.

Attorney(s) appearing for the Case

Irving Bizar, New York City (Ira Jay Sands, Barbara P. Sugarman and Demov, Morris, Levin & Shein, New York City, on the brief), for plaintiffs-appellants.

Roy L. Reardon, New York City (Peter J. Schlesinger and Simpson, Thacher & Bartlett, New York City, on the brief), for defendant-appellee Franchard Corp.

Irving Parker, New York City (I. Michael Bayda and Jacobs, Persinger & Parker, New York City, on the brief), for defendants-appellees Louis A. Siegel and Seymour Young.

Before FRIENDLY, Chief Judge, and OAKES and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

This is a striking example of a case that never should have been claimed for jury trial, as plaintiffs' counsel did. That, coupled with what appears to have been a lack of preparation in addition to visibly inept trial conduct on the part of plaintiffs' counsel, is about all that distinguishes this from what otherwise would be an uncomplicated appeal.

We cannot emphasize too strongly our disapproval...

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