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COLONIAL REALTY CORPORATION v. MacWILLIAMS

No. 596, Docket 74-2280.

512 F.2d 1187 (1975)

COLONIAL REALTY CORPORATION, Plaintiff-Appellant, v. John MacWILLIAMS, Jr., et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 20, 1975.

Attorney(s) appearing for the Case

William E. Haudek, New York City (Pomerantz, Levy, Haudek & Block, New York City, on the brief, Richard M. Meyer, A. Arnold Gershon, New York City, of counsel), for plaintiff-appellant.

Simon H. Rifkind, New York City (Paul, Weiss, Rifkind, Wharton & Garrison, New York City, on the brief, Morris B. Abram, Richard A. Mescon, Julie Kitzes Herr, New York City, of counsel), for defendants-appellees.

Before KAUFMAN, Chief Judge, SMITH, Circuit Judge, and MacMAHON, District Judge.

PER CURIAM:

This case was affirmed in open court. In order to afford our decision precedential value,1 however, and conclusively to resolve this question within our circuit, we issue this brief per curiam. We affirm for the reasons stated in open court by Chief Judge Kaufman,2 and in Judge Gurfein's opinion below, 381 F.Supp. 26

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