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TERNS v. WHISPELL

227 F.Supp. 498 (1964)

Russell TERNS, Plaintiff, v. Kenneth J. WHISPELL and Louise Selderbeck, Defendants. UNITED STATES of America, Plaintiff-in-Intervention, v. Russell TERNS, Kenneth J. Whispell and Louise Selderbeck, Defendants.

United States District Court S. D. New York.

March 16, 1964.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty. for the Southern Dist. of New York, for United States of America, Philip H. Schaeffer, Asst. U. S. Atty., of counsel.

Richter & Werbalowsky, Kingston, N. Y., for Russell Terns.

DAWSON, District Judge.

On or about October 5, 1962, Russell Terns (hereinafter referred to as "Terns"), a subcontractor, brought suit in the New York Supreme Court against Kenneth J. Whispell (hereinafter referred to as "Whispell"), Terns' contractor, and Louise Selderbeck (hereinafter referred to as "Selderbeck"), the property-owner for whom certain work had been done.1 Thereafter, on or about November 21, 1962 the action was removed...

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