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TICON CORP. v. EMERSON RADIO & PHONOGRAPH CORP.

206 Misc. 727 (1954)

Ticon Corporation, Plaintiff, v. Emerson Radio & Phonograph Corporation, Defendant.

Supreme Court, Special Term, New York County.

November 1, 1954.

Attorney(s) appearing for the Case

Bernard Furman for plaintiff.

Lazarus Joseph and Eugene J. Morris for defendant.

MATTHEW M. LEVY, J.

The plaintiff's causes of action and the defendant's counterclaim involve alleged breaches of agreements between them for the manufacture of certain arming mechanisms for the use of the United States Army. The agreements were made under a prime contract let by the Army. The defendant's application in chief seeks summarily to dismiss the complaint (Rules Civ. Prac., rule 113, subd. 9) —...

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