HERRICK v. UNITED STATES

Civ. A. No. 12547.

108 F.Supp. 20 (1952)

HERRICK et al. v. UNITED STATES.

United States District Court E. D. New York.

October 21, 1952.


Attorney(s) appearing for the Case

Affeld, Sowers & Herrick, New York City, for plaintiffs. James H. Black, Harold E. Herrick, New York City, of counsel.

Charles S. Lyon, Acting Asst. Atty. Gen., Andrew D. Sharpe, Elizabeth B. Davis, Sp. Assts. to the Atty. Gen., Frank J. Parker, U. S. Atty., Brooklyn, Nathan Borock, Asst. U. S. Atty., Brooklyn, for the United States.


GALSTON, District Judge.

This is a motion by the plaintiffs, as executors of the estate of Ethelbert Ide Low, for a summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. At the hearing on the motion, leave was granted to the defendant to move orally for summary judgment in their favor. The plaintiffs have filed affidavits in support of its motion. The defendant has not filed any opposing affidavits and makes no contention that...

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