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OTTINGER v. GENERAL MOTORS CORPORATION

27 F.Supp. 508 (1939)

OTTINGER v. GENERAL MOTORS CORPORATION.

District Court, S. D. New York.

April 5, 1939.

Attorney(s) appearing for the Case

Armand E. Lackenbach, of New York City (Otto C. Sommerich and Raymond T. Heilpern, both of New York City, of counsel), for plaintiff.

Drury W. Cooper, of New York City (Thomas J. Byrne and Drury W. Cooper, Jr., both of New York City, of counsel), for defendant.

LEIBELL, District Judge.

This is a motion for summary judgment, under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. Plaintiff, a citizen and resident of New York, moves for summary judgment with respect to the first cause of action and for a partial summary judgment on the second cause of action, pleaded in the bill of complaint. Both the first and second causes of action are based upon a written contract dated May 20, 1927,...

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