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AM. CAN CO. v. U. S. CANNING CORP.

12 Misc.2d 750 (1958)

American Can Company, Plaintiff, v. U. S. Canning Corporation, Defendant, and Samuel Breiter & Company, Inc., Defendant and Third-Party Claimant.

Municipal Court of the City of New York, Borough of Manhattan.

February 21, 1958.

Attorney(s) appearing for the Case

Sol S. Ostertag for plaintiff.

Joseph Schwartzman and Benedict Ginsberg for defendant and third-party claimant.

GEORGE STARKE, J.

The plaintiff, American Can Company, and Samuel Breiter & Company, Inc. (hereinafter referred to as Breiter), defendant and third-party claimant, each make claim to a certain can-closing machine, presently in the possession of plaintiff.

The plaintiff named U. S. Canning Corporation as a defendant but replevied the machine from Breiter, without naming Breiter as a party defendant...

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