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UNITED SHEEPLINED CLOTH. CO. v. ARCTIC FUR CAP CORP.

165 F.Supp. 193 (1958)

UNITED SHEEPLINED CLOTHING CO., Inc., Plaintiff, v. ARCTIC FUR CAP CORP., Defendant.

United States District Court S. D. New York.

September 9, 1958.

Attorney(s) appearing for the Case

Henry L. Burkitt, New York City, for plaintiff.

Bader & Bader, New York City, for defendant. I. Walton Bader, New York City, of counsel.

DAWSON, District Judge.

This is a motion for an order striking out the amended answer and counterclaim of the defendant and entering judgment by default for plaintiff, and for costs and expenses, including reasonable attorney's fees, for plaintiff. The motion is based on the failure of the defendant to appear on the date set for the taking of its deposition.

It appears that on June 24, 1958, Judge Palmieri entered an order which provided:

"Plaintiff...

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