LUTZKER v. WALTER E. HELLER & COMPANY


172 F.Supp. 77 (1959)

Isidor H. LUTZKER, Plaintiff, v. WALTER E. HELLER & COMPANY, (Inc)., Defendant.

United States District Court S. D. New York.

March 31, 1959.


Attorney(s) appearing for the Case

Edward Elman, New York City, Leonard S. Elman, New York City, of counsel, for plaintiff.

Melvin Lloyd Robbins, New York City, Herbert E. Ruben, New York City, of counsel, for defendant.


SUGARMAN, District Judge.

Defendant Walter E. Heller & Company (Inc.) moves for an order dismissing the complaint of Isidor H. Lutzker. Matters outside the pleading were presented and not excluded by the court; the motion is therefore deemed one for summary judgment. F.R.Civ.P. 12(b), 28 U.S.C.A.

The complaint herein seeks specific performance of a contract dated June 23. 1955, between the parties to this action...

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