KAMMHOLZ v. ALLEN


155 F.Supp. 511 (1957)

Gertrude (Gertrud, Trude) KAMMHOLZ, Ingeborg Kammholz, Plaintiffs. v. Donald ALLEN, Albert Hirst, Lester A. Kent, Defendants.

United States District Court S. D. New York.

September 23, 1957.


Attorney(s) appearing for the Case

Waldemar J. Dittmar, New York City, for plaintiffs.

Bernays & Eisner, New York City, for defendants Donald Allen and Albert Hirst.

Bruno Schachner, New York City, for defendant Lester A. Kent.


CASHIN, District Judge.

Plaintiffs move for summary judgment under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. The answering defendants (Lester A. Kent, pursuant to stipulation, is not yet required to answer) cross-move for summary judgment and also move for dismissal of the complaint for failure to state a claim upon which relief can be granted. Rule 12(b) of the Federal Rules of Civil Procedure.

The facts, as pleaded in the complaint, insofar...

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