UNITED STATES v. SAMUEL DUNKEL & CO.


61 F.Supp. 697 (1945)

UNITED STATES v. SAMUEL DUNKEL & CO., Inc., et al. (two cases).

District Court, S. D. New York.

July 10, 1945.


Attorney(s) appearing for the Case

John F. X. McGohey, U. S. Atty., of New York City (Laurence H. Axman, Asst. U. S. Atty., of New York City, and D. Boardman Lee and George Arthur Fruit, Attys., Department of Justice, both of Washington, D. C., of counsel), for plaintiff.

Maurice L. Albert, of New York City, for defendants.


BRIGHT, District Judge.

Certain of the defendants move (1) to dismiss the complaint in the first named action upon the ground that it fails to state a claim upon which relief can be granted, (2) because, under rule 41, as to the defendant Dunkel Company, notice of dismissal of another action for the same relief operates as an adjudication on the merits between the parties; and (3), if the motion to dismiss is denied, for a bill of particulars.

In the second...

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