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IN RE SABBATINO & CO.

No. 352.

150 F.2d 101 (1945)

In re SABBATINO & CO., Inc. CAMARDA v. HABERKORN.

Circuit Court of Appeals, Second Circuit.

June 4, 1945.

Attorney(s) appearing for the Case

Evans, Rees & Orr, of New York City (Fred H. Rees and William G. Walsh, both of New York City, of counsel), for appellant.

Chauncey H. Levy, of New York City (Sydney Basil Levy, of New York City, of counsel), for appellee.

Before SWAN, CHASE, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

We think that crucial portions of the testimony did not receive adequate consideration by the Referee and the judge. The Referee's opinion and findings show that he ignored the uncontradicted testimony of Hoey's knowledge and belief concerning Sabbatino's mental condition during the three months before the shooting. He ignored the significance of the fact that, after Hoey and Sabbatino had discussed...

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