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Fosdick v. Metal Shelter Co.

224 N.Y. 552 Court N.Y. Decision date 1918-06-04 English

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p. 552
William I. T. Fosdick, as Assignee of Joseph S. Mulroney, Respondent, v. Metal Shelter Co., Inc., Appellant.
(Submitted May 27, 1918;
decided June 4, 1918.)

Motion for re-hearing of- motion to amend remittitur. (See 223 N. Y. 653 , 700).

Motion granted and decision of motion to amend remittitur herein amended so as to read as follows: “ The question whether the judgment affects the taking of property without due" process of law and is violative of the Constitution, has not been considered for the reason that the question was not raised in the courts below.” Motion otherwise denied, without costs.

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