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UNITED STATES v. ALLEN TOOL CORP.

Civ. No. 3649.

112 F.Supp. 882 (1951)

UNITED STATES v. ALLEN TOOL CORP.

United States District Court N. D. New York.

August 29, 1951.

Attorney(s) appearing for the Case

Irving J. Higbee, U. S. Atty., Syracuse, N. Y., for plaintiff.

Fraser Brothers, Syracuse, N. Y. (Henry S. Fraser, Syracuse, N. Y., of counsel), for defendant.

BRENNAN, Chief Judge.

In this action the plaintiff seeks to recover the sum of $5,415.53, with interest from March 9, 1949. The defendant has filed its answer and the cause is at issue.

Defendant moves for a summary judgment dismissing the action. The motion is based upon the pleadings, two affidavits, and certain exhibits. Shortly after the service of the motion papers the plaintiff also moved for a summary judgment for the relief requested in the prayer...

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