c33:No. 34, Docket 33053

HAYS, Circuit Judge
(concurring):
I concur in the result and in Judge MOORE’S opinion on the issue of the formation of the alleged contract.
I do not find entirely convincing the discussion of whether the documents involved are sufficient to satisfy the New York Statute of Frauds. It is, of course, unnecessary for us to rule on that point and I refrain from joining my colleagues with respect to it.

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