Roger M. Gordon v. Vincent Youmans, Inc. And Miller Music Corporation

(dissenting) :

If I thought that remand to the district court for a full trial would be conducive to “a search for the truth,” cf. Dressier v. MV Sandpiper, 331 F.2d 130, L34 (2 Cir.1964), I would be for it. Since I am convinced, under the circumstances here presented, that a trial would be wholly unproductive and is neither necessary nor appropriate, I respectfully dissent.

The critical transactions occurred 34 to 35 years ago. The contemporaneous documents reflecting those transactions are before us, as they were before the district court, for construction. Mack Gordon and Vincent Youmans,…