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EASTERN METAL PROD. CORP. v. LANDERS OF ARKANSAS, INC.

188 F.Supp. 616 (1960)

EASTERN METAL PRODUCTS CORP., Plaintiff, v. LANDERS OF ARKANSAS, INC., Defendant.

United States District Court S. D. New York.

September 21, 1960.

Attorney(s) appearing for the Case

Alvin Miller, New York City, for plaintiff.

Winthrop, Stimson, Putnam & Roberts, New York City, for defendant; Merrell E. Clark, Jr., New York City, of counsel.

Sidney Posner, New York City, Counsel to the Sheriff of the City of New York; Frederick Weinberger, New York City, of counsel.

HERLANDS, District Judge.

Two specific questions now before the court are:

1. Is the Sheriff of the City of New York entitled to poundage under the facts herein?

2. If so, should plaintiff or defendant pay that fee?

The resolution of these questions requires an interpretation of the New York Civil Practice Act, §§ 922 and 1558. The questions are posed by a motion of defendant, Landers of Arkansas, Inc., to vacate a State court warrant...

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