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SUTHERLAND v. NEW YORK & BALTIMORE TRANSP. LINES

43 F.Supp. 94 (1941)

SUTHERLAND et al. v. NEW YORK & BALTIMORE TRANSPORTATION LINES.

District Court, S. D. New York.

June 24, 1941.

Attorney(s) appearing for the Case

Choate, Larocque, Mitchell & Ely, of New York City (Joseph Larocque and Clarence V. S. Mitchell, both of New York City, of counsel), for plaintiffs.

George M. Clarke, of New York City (Charles Markell, of Baltimore, Md., of counsel), for defendant.

KNOX, District Judge.

Plaintiffs move, pursuant to Rule 56, Federal Rules of Civil Procedure, 28 U.S. C.A. following section 723c, for summary judgment in their favor upon each of the two claims set forth in their complaint. By cross-motion, defendant seeks similar relief as respects the first claim and stands mute as to the second.

In the first cause of action, plaintiffs allege that, on January 23, 1936, defendant retained them to perform legal services...

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