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BERK v. MATHIASON SHIPPING CO.

45 F.Supp. 851 (1942)

BERK v. MATHIASON SHIPPING CO., INC., et al.

District Court, S. D. New York.

May 5, 1942.

Attorney(s) appearing for the Case

Jacob Rassner, of New York City, for plaintiff.

Frederick H. Cunningham, of New York City, for defendant Mathiason Shipping Co., Inc.

COXE, District Judge.

This is a motion by the defendant Mathiason Shipping Company, Inc., to dismiss the action on the ground that it involves issues which have already been determined in a prior action between the same parties. The motion is made before answer, and is in effect a motion for summary judgment under Rule 56(b), 28 U.S.C.A. following section 723c.

The prior action was brought by the plaintiff against Mathiason Shipping Company, Inc., and Bull...

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