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EMPIRE ELECTRONICS CO. v. UNITED STATES

No. 108, Docket 27549.

311 F.2d 175 (1962)

EMPIRE ELECTRONICS CO., Inc., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided November 23, 1962.

Attorney(s) appearing for the Case

Jacob Leo Frank, New York City, for appellant.

Peter H. Ruvolo, Asst. U. S. Atty., New York City (Joseph P. Hoey, U. S. Atty., Eastern Dist. of New York), for appellee.

Before MEDINA, SMITH and KAUFMAN, Circuit Judges.

KAUFMAN, Circuit Judge.

Plaintiff Empire Electronics Co., Inc. (hereafter Empire) appeals from an order entered on a cross-motion for summary judgment by the defendant. We find that summary judgment under Rule 56 of the Federal Rules of Civil Procedure was improperly employed to resolve the dispute presented to the District Court, and we therefore reverse and remand for further proceedings consistent with this opinion.

This action for conversion was brought...

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