AMERICAN ELASTICS v. UNITED STATES

Civ. 36-145.

84 F.Supp. 198 (1949)

AMERICAN ELASTICS, Inc. v. UNITED STATES.

United States District Court S. D. New York.

April 5, 1949.


Attorney(s) appearing for the Case

Gordon, Brady, Caffrey & Keller, New York City (Leo Brady, Leroy C. Curtis, New York City, of counsel), for plaintiff.

John F. X. McGohey, U. S. Atty., Harold Raby, Asst. U. S. Atty., New York City, for defendant.


RIFKIND, District Judge.

Plaintiff moves, after judgment, for four categories of relief. I shall treat them seriatim.

1. A new trial, pursuant to Federal Rules of Civil Procedure, rule 59(a), 28 U.S.C.A.

One ground assigned for this motion is that of "new evidence". Significantly, plaintiff does not mention "newly discovered evidence". The "new evidence" consists of defendant's "memorandum for the files" dated March 15, 1945. The uncontradicted affidavit...

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