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1st Cir 2d Cir aff'd sub nom antitrust appellate court appropriate arguments Augustus N Baltimore & Ohio cert charge Civil Cohen common law Conflict of Laws contrary controversy COURTS ON TRIAL criminal Curley defendant defendant's counsel dissenting District Judge District of Massachusetts diversity jurisdiction doctrine duty English evidence extra-judicial facts federal courts federal judge formulated Frankfurter FREEDOM AND RESPONSIBILITY Fulton Lewis Holmes Judge Cardozo Judge Frank Judge Hand judge sitting judge's role judgment jurisdiction jurisprudence jurors Justice Laski Libel Action law clerk Legal Papers Legal Philosophies liability libel suit litigation Lummus Mass Massachusetts modern modified and aff'd novel opinion parties Philosophy of Law plaintiff pre-trial precedents problem reasonable reform remedies Royal Mail rule of law Second Circuit Shientag special verdicts standard statute Supp Supreme Court testimony tion tort trial judge TRIAL JUDGE'S FREEDOM tribunal types United Shoe Machinery United States District witnesses Wyzanski