Opinion
No. 993, Docket 73-2562.
Argued May 14, 1974.
Decided May 15, 1974.
Samuel N. Greenspoon, New York City (Eaton, Van Winkle Greenspoon, New York City, on the brief), for plaintiff-appellant.
James C. Blair, New York City (Cleary, Gottlieb, Steen Hamilton, New York City, on the brief), for defendant-appellee.
Appeal from an order of the United States District Court for the Southern District of New York, Murray, I. Gurfein, Judge, dismissing a complaint on the ground that an exercise of jurisdictional power would be inappropriate in light of the inconclusive nature of the declaratory relief sought.
Before KAUFMAN, Chief Judge, and HAYS and OAKES, Circuit Judges.
We affirm the judgment on Judge Gurfein's well-reasoned opinion below, 362 F.Supp. 735 (S.D.N.Y. 1973).