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MURPHY v. BANKERS COMMERCIAL CORP.

111 F.Supp. 608 (1953)

MURPHY et al. v. BANKERS COMMERCIAL CORP.

United States District Court S. D. New York.

April 14, 1953.

Attorney(s) appearing for the Case

Archibald Palmer and Samuel Masia, New York City, McNutt & Nash, New York City, Sp. Admiralty Counsel, John F. Lang, Archibald Palmer and Samuel Masia, New York City, of counsel, for plaintiff.

Thacher, Proffitt, Prizer & Crawley and White & Case, New York City, William St. John Tozer, John C. Crawley, David Hartfield, Jr., New York City, Howard J. Aibel, Brooklyn, N. Y., of counsel, for defendant.

IRVING R. KAUFMAN, District Judge.

Plaintiffs, Trustees in Bankruptcy, bring suit in nine causes of action against defendant (hereinafter referred to as "Bankers"), the mortgagee of ships of Honduran registry owned by the bankrupt. Defendant has moved to dismiss the first, second, third, fourth and eighth causes of action on the ground that they fail to state claims upon which relief can be granted, or in the alternative...

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