BARON BROTHERS COMPANY v. STEWART


182 F.Supp. 893 (1960)

BARON BROTHERS COMPANY, Plaintiff, v. Albert STEWART, Sol Smith, Smith-Stewart Paper Products, Inc. and Rapid-American Corporation, Defendants.

United States District Court S. D. New York.

April 4, 1960.


Attorney(s) appearing for the Case

Moss, Wels & Marcus, New York City, for plaintiff.

Colton, Gallantz & Fernbach, New York City, for defendants Sol Smith, Albert Stewart and Smith-Stewart Paper Products, Inc.

Wachtel & Michaelson, New York City, for defendant Rapid-American Corp., Benjamin Spiegel, New York City, of counsel, David N. Brainin, New York City, on the brief.


DIMOCK, District Judge.

Defendant Rapid-American Corporation, hereinafter Rapid-American, moves for summary judgment dismissing the complaint and, in the alternative, for an order granting leave to file a counterclaim against plaintiffs, Baron Brothers Company, hereinafter Baron Brothers, and a cross-claim against defendants Stewart and Smith. The counterclaim and cross-claim are intended to begin an interpleader action against plaintiffs Baron Brothers, on the one...

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