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BURNS BROS. v. THE CENTRAL R. R. OF NEW JERSEY NO. 42

No. 19326.

112 F.Supp. 652 (1953)

BURNS BROS. v. THE CENTRAL R. R. OF NEW JERSEY NO. 42 et al. THE BURNS BROS. 77.

United States District Court E. D. New York.

June 8, 1953.

Attorney(s) appearing for the Case

Alexander & Ash, New York City, proctors for libellant, by Sidney A. Schwartz, New York City, advocate.

Vincent E. McGowan, New York City, proctor for claimant-respondent, The Central Railroad Company of New Jersey.

Burlingham, Hupper & Kennedy, New York City, proctors for respondent-impleaded, William Wyer, as successor trustee of Long Island R. Co.

BYERS, District Judge.

The libellant has presented a motion in this protracted litigation most recently discussed in 2 Cir., 202 F.2d 910, seeking three forms of relief, of which the first and third were disposed of at argument, practically on consent, and require no discussion; the second presents the matters now in controversy:

"(2) Directing that summary judgment be entered in the sum of $11,948.77 against William Wyer...

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