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MASON v. KAVY

Civ. A. No. 15901.

134 F.Supp. 451 (1955)

Norman P. MASON, as and in his official capacity as Federal Housing Commissioner, and Farragut Gardens No. 1, Inc., Farragut Gardens No. 2, Inc., Farragut Gardens No. 3, Inc., Farragut Gardens No. 4, Inc. and Farragut Gardens No. 5, Inc., Plaintiffs, v. Bertram KAVY, Morris Kavy and John Doe, Richard Roe and John Smith (meaning thereby those persons who were the Vice-President, Secretary and Treasurer of Plaintiff Corporations prior to September 12, 1955), their agents, servants, employees and attorneys and those persons in active concert or participation with them, Defendants.

United States District Court E. D. New York.

September 30, 1955.

Attorney(s) appearing for the Case

Leonard P. Moore, U. S. Atty., Brooklyn, N. Y., Albert H. Buschmann, Asst. U. S. Atty., William C. Gordon, Asst. U. S. Atty., Michael W. Graney, Asst. U. S. Atty., Brooklyn, N. Y., of counsel, for plaintiffs.

Steinberg & Patterson, New York City, Archibald A. Patterson, Leo H. Hirsch, Jr., New York City, of counsel, for defendants.

GALSTON, District Judge.

The plaintiffs have moved for a preliminary injunction, but since the issues are the same as those that are to be presented at the trial, and since also the plaintiffs urged that the trial be set as a preferred action at the head of the October term, and the court having so directed, the plaintiffs have temporarily withdrawn their motion.

There is, however, a countermotion for determination made by the defendants to dismiss the complaint...

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