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TOBIN v. SLUTSKY

No. 31, Docket 74-1179.

506 F.2d 1097 (1974)

Bernard TOBIN, as father and next friend of Donna Ellen Tobin, a minor, Plaintiff-Appellee, v. Ben J. and Julius SLUTSKY, a partnership doing business as Nevele Country Club, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 7, 1974.

Attorney(s) appearing for the Case

William F. McNulty, New York City (Anthony J. McNulty, New York City, Leo E. Berson, New York City, on the brief), for defendants-appellants.

Paul Martin Wolff, Washington, D. C. (Williams, Connolly & Califano, Washington, D. C., Layton & Sherman, Stuart Jay Beck, New York City, on the brief), for plaintiff-appellee.

Before LUMBARD, FEINBERG and OAKES, Circuit Judges.

FEINBERG, Circuit Judge:

Once again, at a time when the federal courts of appeals have the highest case load in their history,1 we must, because of diversity jurisdiction, devote considerable time to deciding whether a federal district judge correctly determined a difficult question of state law.2 The anomaly is underscored here by an apparent conflict on the precise issue between an opinion of this court and...

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