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DUANE JONES CO., INC. v. BURKE, JR.

279 A.D. 1005 (1952)

Duane Jones Company, Inc., Respondent, v. Frank G. Burke, Jr., et al., Appellants. (Action No. 1.) Donald Gill et al., Appellants, v. Eugene Hulshizer, as Trustee under The Duane Jones Company, Inc., Employees' Pension Trust, Appellant, and Duane Jones et al., as Trustees under The Duane Jones Company, Inc. Employees' Pension Trust, Respondents. (Action No. 2)

Appellate Division of the Supreme Court of the State of New York, First Department.

April 22, 1952.

Order unanimously affirmed, with $20 costs and disbursements to the respondents, without prejudice to any party's rights to a jury trial and any application for a consolidation. No undue delay of the trial should be occasioned and, if necessary, an application may be made for...

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