UNITED STATES PLYWOOD CORP. v. HUDSON LUMBER CO.


139 F.Supp. 19 (1955)

UNITED STATES PLYWOOD CORP. v. HUDSON LUMBER CO.

United States District Court S. D. New York.

October 28, 1955.


Attorney(s) appearing for the Case

Krause, Hirsch, Levin & Heilpern, New York City, Sidney Krause and Raymond T. Heilpern, New York City, of counsel, for plaintiff.

Austrian & Lance, New York City, Schwartz, Nathanson & Cohen, by George H. Schwartz and Isadore H. Cohen, New York City, of counsel, for defendants.


WEINFELD, District Judge.

The present motion, made on the eve of trial, is the defendants' third attempt to assert a counterclaim for rescission based upon alleged fraud and conspiracy on the part of the plaintiff's representatives. On two prior occasions counterclaims for rescission upon substantially the same allegations were stricken (113 F.Supp. 529 (per Dimock, J.), appeal dismissed...

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