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BANKSON v. ANDERSON

No. 2154.

33 F.Supp. 655 (1940)

BANKSON v. ANDERSON.

District Court, W. D. New York.

May 9, 1940.

Attorney(s) appearing for the Case

Leonard & Leonard, of Chicago, Ill., and Mitchell & Staples, of Buffalo, N. Y, (Gordon McLeish Leonard, of Chicago, Ill., of counsel), for plaintiff.

Rogerson, Clary & Hewes, of Jamestown, N. Y. (J. Russell Rogerson, of Jamestown, N. Y., of counsel), for defendant.

KNIGHT, District Judge.

Upon the motion to dismiss the complaint in this action it was determined that the three-year limitation provided by Section 49 of the Civil Practice Act of New York State was applicable to the cause of action alleged. D.C., 21 F.Supp. 67. As to plaintiff's contention that the doctrine of laches is applicable rather than the statute of limitations, it need only...

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