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OIL TRADING ASSOCIATES., INC. v. TEXAS CITY REFINING, INC.

199 F.Supp. 829 (1961)

OIL TRADING ASSOCIATES, INC., Plaintiff, v. TEXAS CITY REFINING, INC., Defendant.

United States District Court S. D. New York.

December 15, 1961.

Attorney(s) appearing for the Case

Milton Pollack, New York City, for plaintiff; Milton Pollack, Samuel N. Greenspoon, New York City, Raoul Berger, Washington, D. C., of counsel.

Carter, Ledyard & Milburn, New York City, for defendant; Edwin H. Krom, Wesley J. Liebeler, New York City, of counsel.

DAWSON, District Judge.

This is a motion pursuant to Rule 56 (b) of the Rules of Civil Procedure, 28 U.S.C.A. for partial summary judgment dismissing the first claim set forth in the complaint on the ground that there is no genuine issue of any material fact as to said claim and that defendant is entitled to judgment dismissing the claim as a matter of law.

The complaint contains ten causes of action, only the first of which concerns

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