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MORRIS WHITE FASHIONS, INC. v. UNITED STATES

176 F.Supp. 760 (1959)

MORRIS WHITE FASHIONS, INC., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

September 17, 1959.

Attorney(s) appearing for the Case

Baar, Bennett & Fullen, New York City, for plaintiff; Milton I. Newman, New York City, of counsel.

S. Hazard Gillespie, Jr., U. S. Atty. for the Southern Dist. of New York, for defendant; John W. Hasson, Asst. U. S. Atty., Woodside, N. Y., of counsel.

DAWSON, District Judge.

This is a motion by defendant seeking an order under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. granting summary judgment on the ground that there is no genuine issue as to any material fact and that the defendant is entitled to a judgment dismissing the complaint as a matter of law.

The following facts appear to exist without substantial controversy:

Morris White Fashions, Inc. (hereinafter referred to as...

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