The following excerpt is from National Super Spuds, Inc. v. New York Mercantile Exchange, 591 F.2d 174 (2nd Cir. 1979):
5 We likewise disagree with some of the reasoning, although not necessarily with the result, in McSurely v. McClellan, 138 U.S.App.D.C. 187, 190-91, 426 F.2d 664, 667-68 (1970). On that discussion we would agree with the dissenting opinion, Id., 138 U.S.App.D.C. at 195-96, 426 F.2d at 672-73.
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