UNITED STATES v. CURTISS AEROPLANE CO.


52 F.Supp. 328 (1943)

UNITED STATES v. CURTISS AEROPLANE CO. et al.

District Court, S. D. New York.

October 7, 1943.


Attorney(s) appearing for the Case

James B. M. McNally, U. S. Atty., of New York City (Daniel M. Sandomire, Lester S. Jayson, and Howard N. Meyer, Sp. Assts. to Atty. Gen., all of New York City, of counsel), for plaintiff.

Spence, Windels, Walser, Hotchkiss & Angell, of New York City (Kenneth M. Spence and Soia Mentschikoff, both of New York City, of counsel), for defendants.


RIFKIND, District Judge.

In support of the motion for reargument plaintiff presents additional facts by affidavit and advances two arguments, of which, one was disavowed upon the original hearing, and one is new and founded upon the newly adduced facts.

The previously disavowed argument is that the agreement of March 15, 1922, should be given effect as an acknowledgment of debt sufficient to take the claim out of the operation of the statute of limitations...

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