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ELLIS-FOSTER CO. v. ALDUR CORPORATION

No. 6227.

2 F.Supp. 656 (1932)

ELLIS-FOSTER CO. v. ALDUR CORPORATION.

District Court, E. D. New York.

June 9, 1932.

Attorney(s) appearing for the Case

Gifford, Scull & Burgess, of New York City (George F. Scull, of New York City, of counsel), for plaintiff.

O'Neill, Sealy & Sawyer, of New York City (Arthur T. Sawyer, of New York City, of counsel), for defendant.

CAMPBELL, District Judge.

This is a motion made by the plaintiff for an order taking this case off the calendar under Equity Rule 57 (28 USCA § 723) or, in the alternative, that an order be entered dismissing the suit without prejudice and at cost of the plaintiff.

The complaint in this action was filed on April 12, 1932, and the subpœna served on or about April 14, 1932.

The time of the defendant to answer was extended by stipulation to...

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