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JOHNSON, MATTHEY v. PERMADENT MFG.

28 Misc.2d 814 (1961)

Johnson, Matthey & Co., Inc., et al., Plaintiffs, v. Permadent Manufacturing Corporation et al., Defendants.

Supreme Court, Special Term, New York County.

March 21, 1961

Attorney(s) appearing for the Case

Benjamin Esberg for Permadent Products Corp., defendant. David Haar for Permadent Mfg. Corp. and others, defendants. William T. Griffin for plaintiffs.

THOMAS A. AURELIO, J.

The defendants other than the defendant "Seller" move for dismissal of the cross claim contained in the answer of the defendant "Seller". By separate motion, the defendant "Seller" has moved for an order permitting it to intervene as "Debtor in Possession" and for dismissal of the answer of the defendant Permadent Manufacturing Corporation.

This action was commenced by plaintiffs, as creditors of the Seller, for a declaration...

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