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LEWIS v. ATLAS CORPORATION

No. 9148.

158 F.2d 599 (1946)

LEWIS v. ATLAS CORPORATION et al.

Circuit Court of Appeals, Third Circuit.

Decided December 10, 1946.

Attorney(s) appearing for the Case

Elmer J. Bennett and James D. Carpenter, Jr., both of Jersey City, N. J., for appellant.

Whitney North Seymour, of New York City (Milton, McNulty & Augelli, and John Milton, both of Jersey City, N. J., Simpson, Thacher & Bartlett and Armand F. Macmanus, all of New York City, Pitney, Hardin, Ward & Brennan, of Newark, N. J., and Charles R. Hardin, of Newark, N. J., on the brief), for appellees.

Before GOODRICH and McLAUGHLIN, Circuit Judges, and RODNEY, District Judge.

GOODRICH, Circuit Judge.

This is an appeal from the action of the District Court in granting summary judgment for the defendants under Federal Rules of Civil Procedure, rule 56, 28 U.S.C.A. following section 723c. Although the plaintiff, himself, had also moved for summary judgment in the District Court, his position now is that his allegations, together with the supporting affidavits filed, presented questions of fact on which he was entitled to have the judgment...

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