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LIBERTY MUT. INS. CO. v. AMERICAN INCINERATOR CO.

51 F.2d 739 (1931)

LIBERTY MUT. INS. CO. v. AMERICAN INCINERATOR CO., Inc., et al.

District Court, S. D. New York.

July 13, 1931.

Attorney(s) appearing for the Case

John P. Smith, of New York City (Thomas D. Scoble, Jr., of New Rochelle, N. Y., of counsel), for plaintiff.

Evan Shelby, of New York City (John E. Walker, of New York City, of counsel), for defendant Abbott Merkt & Co., Inc.

WOOLSEY, District Judge.

The motion by the defendant for judgment dismissing the complaint as to the first cause of action is granted, without leave to amend, and as to the second cause of action it is granted, with leave to amend.

The motion by the plaintiff is, consequently, denied.

I. These are cross-motions made in a cause duly removed to this court from the Supreme Court of New York state for New York county.

II. The plaintiff is a corporation...

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