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FLAGG BROS., INC. v. BROOKS

No. 77-25.

436 U.S. 149 (1978)

98 S.Ct. 1729

56 L.Ed.2d 185

FLAGG BROS., INC., ET AL. v. BROOKS ET AL.

Supreme Court of United States.

Decided May 15, 1978.

Attorney(s) appearing for the Case

Alvin Altman argued the cause and filed briefs for petitioners in No. 77-25. A. Seth Greenwald, Assistant Attorney General of New York, argued the cause for petitioner in No. 77-37. With him on the briefs were Louis J. Lefkowitz, Attorney General, pro se, and Samuel A. Hirshowitz, First Assistant Attorney General. William H. Towle filed a brief for petitioners in No. 77-42. Arnold H. Shaw filed a brief for the Warehousemen's Association of New York and New Jersey, Inc., et al., respondents under this Court's Rule 21 (4), in support of petitioners.

Martin A. Schwartz argued the cause for respondents Brooks et al. in all cases. With him on the brief was Lawrence S. Kahn.†

MR. JUSTICE REHNQUIST delivered the opinion of the Court.

The question presented by this litigation is whether a warehouseman's proposed sale of goods entrusted to him for storage, as permitted by New York Uniform Commercial Code § 7-210 (McKinney 1964),1 is an action properly attributable to the State of New York. The District Court found that the warehouseman's conduct was not that of the...

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