AMERICAN AUTO. ASS'N v. ROTHMAN

Civ. 11350.

101 F.Supp. 193 (1951)

AMERICAN AUTO. ASS'N, Inc. et al. v. ROTHMAN et al.

United States District Court E. D. New York.

November 14, 1951.


Attorney(s) appearing for the Case

Leo T. Kissam, Esq., New York City (Eric Nightingale, New York City, of counsel), for plaintiffs.

James J. Cally, New York City, for defendant.


BYERS, District Judge.

This is a plaintiffs' motion to strike an answer, to dismiss counterclaim, and to grant summary judgment to plaintiffs under Rule 56, Fed.Rules Civ.Proc. 28 U.S. C.A., because it now appears that there is no genuine issue as to any material fact, in view of the testimony revealed in the respective depositions of the defendant and her husband.

The cause in general resembles the one instituted by these plaintiffs against Murray Spiegel...

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