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296 N.Y. 985

73 N.E.2d 565

Fleming v. Russell

New York Court of Appeals

Decided April 17, 1947

New York Court of Appeals · decided 1947-04-17

Cited by 1 later decisions — most recently April 1969

1 state decisions

Relies on Testa v. Katt

Good law ✅— No negative treatment on recordhow we know

Decided 1947-04-17

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Per Curiam.

¶1 The judgment of the Appellate Division must be affirmed upon the authority of Testa v. Katt (330 U. S. 386). In view of this decision it was not necessary to decide whether the statute was penal in the public international, private international or any other sense, because the courts of a State *987 have no discretion under the supremacy clause of the Federal Constitution to decline to entertain a suit for a penalty imposed by a Federal statute unless the Congress has limited the remedy to the Federal courts.

¶2 The judgment should be affirmed, with costs.

¶3 Loughran, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Ftjld, JJ., concur.

¶4 Judgment affirmed.

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