Robert C. Fielding v. John Henry Brebbia and George D. Webster

DANAHER, Senior Circuit Judge:

In a non-jury trial before Judge Ge-sell, appellant’s counsel submitted as issues framed at pre-trial:

“One, is there an attorney-client relationship between these defendants and Mr. Fielding; and, if so, did they come to sue him in subject matter which is substantially related to the prior representation.”

Judge Gesell concluded after trial that Fielding “on the case as a whole failed to sustain a cause of action on the merits and that, of course, is the end of the litigation.” Alternatively, he found that a question as to the effect to be given to the New York…