The following excerpt is from Roginsky v. Richardson-Merrell, Inc., 378 F.2d 832 (2nd Cir. 1967):
3 The Comment adds, "It is significant that in other kinds of civil action, courts have increased the plaintiff's burden of persuasion as the possible consequences to the defendant increase." 34 U.Chi.L.Rev. at 418 and 434. See Woodby v. Immigration & Natuaralization Service, 385 U.S. 276, 285, 87 S.Ct. 483, 17 L.Ed.2d 362 (1966).
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