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Hurd v. Republic Steel Corp.

294 N.Y. 736 Court N.Y. Decision date 1945-04-12 English

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p. 736
John Hurd, Respondent, v. Republic Steel Corporation, Appellant.
Argued March 6, 1945;
decided April 12, 1945.
Casper V. Baltensperger, Patrick S. Mason, Bernard Katzen and William F. O’Rourke for appellant.
Wallace J. Stakel and Wendell J. Brown for United States Gypsum Company, amicus curiæ, in support of appellant’s position.
William L. Clay for respondent.
p. 737
Appeal dismissed, with costs on the ground that the certified question is not a question directly presented in the -court below, and an answer to the certified question might still leave open other questions decided by the court below as a basis of the order appealed from.

Concur: Lehman, Ch. J., Loughran, Lewis, Conway, Desmond, Thacher and Dye, JJ.