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KIND v. ROGERS

Civ. A. No. 7576.

162 F.Supp. 197 (1958)

Hermann H. KIND, Plaintiff, v. William ROGERS, Attorney General of the United States of America, Defendant.

United States District Court W. D. New York.

April 23, 1958.

Attorney(s) appearing for the Case

Myles, Wormser & Koch, New York City (Arnold T. Koch, Alden Mesrop, New York City, of counsel), for plaintiff.

John O. Henderson, U. S. Atty., Buffalo, N. Y., George B. Searls, Walter T. Nolte, Office of Alien Property, Washington, D. C., for defendant.

MORGAN, District Judge.

Defendant has moved for summary judgment. It would be well at the outset to recall the language of the late and learned Judge Frank, often cited by this court, in Doehler Metal Furniture Co. v. United States, 2 Cir., 149 F.2d 130, at page 135, "We take this occasion to suggest that trial judges should exercise great care in granting motions for summary judgment. A litigant has a right to a trial where there...

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