Epstein Secrets

They contend that, because the Government is a party to the lease, interpretation of the lease is governed by principles of federal common law, not New York State law. Pursuant to federal common law of contracts, Epstein and Fisher continue, the lease between OFM and Epstein contains an implied covenant of EF

ng real property rights are determined under state law, even when the United States is a party." United States v. O'Block, 788 F.2d 1433, 1435 (10th Cir.1986) (citing Oregon ex rel. State Land Bd. v. Corvallis Sand & Gravel Co., 429 U.S. 363, 378-81, 97 S.Ct. 582, 50 L.Ed.2d 550 (1977)). [FN7] FN7. Indee

They contend that, because the Government is a party to the lease, interpretation of the lease is governed by principles of federal common law, not New York State law. Pursuant to federal common law of contracts, Epstein and Fisher continue, the lease between OFM and Epstein contains an implied covenant of go

ing real property rights are determined under state law, even when the United States is a party." United States I O'Block, 788 F.2d 1433, 1435 (10th Cir.1986) (citing Oregon ex rel. State Land Bd. Corvallis Sand & Gravel Co., 429 U.S. 363, 378-81, 97 S.Ct. 582, 50 L.Ed.2d 550 (1977)). [FN7] FN7. Indeed,

come Tax Records, 468 F.Supp. 575 (N.D.N.Y.), appeal dismissed, 607 F.2d 566 (2d Cir.1979), and In re Grand Jury Subpoena for the Prod. of Certain New York State Sales Tax Records, 382 F.Supp. 1205 (W.D.N.Y.1974), are particularly relevant to the case at hand. Both cases involved federal grand jury su

bears the burden of proving the applicability of the privilege," In re Bevil!, Bressler & Schubnan Asset Management Corp., 805 F.2d 120, 126 (3d Cir.1986), and privileges, "whatever their origins ... [should] not [be] lightly created or expansively construed." Nixon, 418 U.S. at 710, 94 5.O. at 3109

2667, 33 L.Ed.2d 626 (1972) (quoting United States v. Stone, 429 P.2d 138, 140 (2d Cir.1970)); In re Grand Jury Subpoena for the Prod. of Certain New York State Sales Tax Records, 382 F.Supp. 1205, 1206 (W.D.N.Y.1974) (quoting Stone, 429 F.2d at 140). In accordance with its broad mandate to investigate po

ursuant to section 1292(6), we must of course dismiss the appeal if we are without jurisdiction. See Robinson v. Tanner, 798 F.2d 1378, 1379 (11th Cir.1986), cert. denied, 481 U.S. 1039, 107 S.Ct. 1979, 95 L.Ed.2d 819 (1987). Under section 1292(6), a district court may certify for appeal a non-final o

ey contend that, because the Government is a party to the lease, interpre- tation of the lease is governed by principles of federal common law, not New York State law. Pursuant to federal common law of con- tracts, Epstein and Fisher continue, the lease between OFM and Epstein contains an im- plied covenant o

e functional, its features may be copied even if conibsion would result. American Greetings Corp.'. Dan-Dee Onportit Ina, 807 F.2d 1136, 1141 (3d Cir.1986). FT states that its packaging design was chosen because the design was pretty, so- phisticated, and showed off the novelty value of the deodorant

They contend that, because the Government is a party to the lease, interpretation of the lease is governed by principles of federal common law, not New York State law. Pursuant to federal common law of contracts, Epstein and Fisher continue, the lease between OFM and Epstein contains an implied covenant of go

g real property rights are determined under state law, even when the United States is a party." United States v. O'Block, 788 F.2d 1433, 1435 (10th Cir.1986) (citing Oregon ex rel. State Land Bd. v. Corvallis Sand & Gravel Co., 429 U.S. 363, 378-81, 97 S.Ct. 582, 50 L.Ed.2d 550 (1977)). [FN7] FN7. Indee

2667, 33 L.Ed.2d 626 (1972) (quoting United States v. Stone, 429 F.2d 138, 140 (2d Cir.1970)); In re Grand Jury Subpoena for the Prod. of Certain New York State Sales Tax Records, 382 F.Supp. 1205. 1206 (W.D.N.Y.1974) (quoting Stone. 429 F.2d at 140). In accordance with its broad mandate to investigate po

rsuant to section 1292(b), we must of course dismiss the appeal if we are without jurisdiction. See Robinson v, Tanner. 798 F.2d 1378, 1379 (11 th Cir.1986), cen. denied. 481 U.S. 1039, 107 S.Q. 1979, 95 L.Ed.2d 819 (1987). Under section 1292(b), a district court may certify for appeal a non-final ord

come Tax Records, 468 F.Supp. 575 (N.D.N.Y.), appeal dismissed. 607 F.2d 566 (24 Cir.I979), and In re Grand Jury Subpoena for the Prod. of Certain New York State Sales Tax Records. 382 F.Supp. 1205 (W.D.N.Y.1974), are particularly relevant to the case at hand. Both cases involved federal grand jury su

ursuant CO section 1292(b), we must of course dismiss the appeal if we are without jurisdiction. See Robinson v. Tanner, 798 F.2d 1378, 1379 (11th Cir.1986), cert. denied, 481 U.S. 1039, 107 S.D. 1979, 95 L.Erl.2d 819 (1987). Under section 1292(b), a district court may certify for appeal a non-final o

come Tax Records, 468 F.Supp. 575 (N.D.N.Y.), appeal dismissed, 607 F.24 566 (2d Cir.1979), and In re Grand Jury Subpoena for the Prod. of Certain New York State Sales Tax Records, 382 F.Supp. 1205 (W.D.N.Y.I974), are particularly relevant to the case at hand. Both cases involved federal grand jury su

bears the burden of proving the applicability of the privilege," In re Bevil!, Bressler if Schulman Asset Management Corp., 805 F.2d 120, 126 (3d Cir.1986), and privileges. "whatever their origins ... [should] not [be] lightly created or expansively construed." Nixon. 418 U.S. at 710, 94 S.Ct. at 310