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CITY NAT. BANK v. MONTROSE INDUSTRIAL BANK

No. 391.

29 F.Supp. 566 (1939)

CITY NAT. BANK OF PHILADELPHIA v. MONTROSE INDUSTRIAL BANK.

District Court, E. D. New York.

September 20, 1939.

Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (D. M. Tibbetts, of New York City of counsel), for the motion.

Joseph W. Gottlieb, of Brooklyn, N. Y., opposed.

CAMPBELL, District Judge.

This is a motion made on behalf of the plaintiff on the pleadings, interrogatories and answers thereto, and the affidavit of M. E. Reeve, vice president of the plaintiff, to strike out the affirmative defenses set forth in the answer, and for a summary judgment for the amount demanded in the complaint.

There is no dispute about jurisdiction. Plaintiff sues as trustee under an indenture made by Kinsey Distilling Company to secure an...

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