Clark v. United States

GIGNOUX, District Judge.

This case is here on remand from the United States Court of Appeals for the First Circuit for consideration in the first instance of a wholly new contention with respect to a “very difficult question of New York law” 1 first raised by plaintiffs on their appeal from a judgment entered by this Court for the defendant. 2 A somewhat detailed recital •of the history of this litigation and a restatement of the facts of the case, although the latter are fully set forth in the prior reported opinions of the Court of Appeals and of this Court, are essential to an understanding…