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LOUGHMAN v. TOWN OF PELHAM

41 F.Supp. 584 (1941)

LOUGHMAN v. TOWN OF PELHAM, WESTCHESTER COUNTY, N. Y. (EMPLOYERS' LIABILITY ASSUR. CORPORATION, Limited, Third Party Defendant).

District Court, S. D. New York.

October 22, 1941.

Attorney(s) appearing for the Case

Hardy, Stancliffe & Hardy, of New York City (William F. McDermott and George T. Barker, both of New York City, of counsel), for plaintiff.

Whitman, Ransom, Coulson & Goetz, of New York City (William L. Ransom and Henry S. Reeder, both of New York City, of counsel), for Town of Pelham, defendant and third party plaintiff.

Chauncey L. Grant, of New York City (Edward B. Bentley and Sperry Butler, both of New York City, of counsel), for third party defendant.

WOOLSEY, District Judge.

My judgment in this cause is:

1. That the original complaint herein be, and it hereby is, dismissed without costs; and, consequently,

2. That the third party complaint be, and it hereby is also, dismissed without costs.

I. In its essence, this is an action to recover for money voluntarily paid out under mistake of law by an officer of the United States, and so is recoverable under

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