PROJECT CONSTRUCTION CORPORATION v. STUART MARINE PAINTING CORPORATION

No. 19791.

144 F.Supp. 932 (1956)

PROJECT CONSTRUCTION CORPORATION, Libellant, v. STUART MARINE PAINTING CORPORATION, Respondent.

United States District Court E. D. New York.

September 21, 1956.


Attorney(s) appearing for the Case

Macklin, Speer, Hanan & McKernan, New York City, Proctors for libellant, John C. Hart, New York City, of counsel.

Lawless & Lynch, New York City, Proctors for respondent, John J. McGuire, New York City, of counsel.


GALSTON, District Judge.

This is a motion on behalf of the libellant for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A.

The libel and complaint sets forth that in February, 1950, the libellant entered into a contract with the Government, Department of the Navy, for the repair and alteration of vessels. Pursuant to its terms, the libellant, as contractor, was to be responsible for and to make good at its own cost and...

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