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JONES v. PEACOCK

3 F.2d 827 (1924)

JONES et al. v. PEACOCK et al.

District Court, S. D. New York.

August 15, 1924.

Attorney(s) appearing for the Case

White & Case, of New York City, for plaintiffs.

Baldwin, Hutchins & Todd, of New York City, for defendant Peacock.

David B. Cahn, of New York City, for defendant Thompson.

GARVIN, District Judge.

When this cause came on for trial, after some discussion regarding the proper procedure, the plaintiffs submitted a motion to dismiss the separate and distinct defense and counterclaim of defendant Thompson. The action is upon a written lease, and as a result of successive supplemental complaints, each served as an additional installment of rent fell due, there is now before the court plaintiff's sixth...

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