The following excerpt is from St. Martin's Press, Inc. v. Carey, 605 F.2d 41 (2nd Cir. 1979):
The district court's holding did not result from a "clash of adversary argument." See United States v. Fruehauf, 365 U.S. 146, 157, 81 S.Ct. 547, 5 L.Ed.2d 476 (1960).
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