O'KON v. ROLAND


247 F.Supp. 743 (1965)

Norbert Stanley O'KON, Plaintiff, v. E. J. ROLAND, as Commandant, United States Coast Guard, Defendant.

United States District Court S. D. New York.

May 24, 1965.


Attorney(s) appearing for the Case

Zwerling & Zwerling, New York City, for plaintiff.

Robert M. Morgenthau, U. S. Atty., for defendant; Louis E. Greco, Erwin W. Rossuck, Admiralty & Shipping Section, Department of Justice, New York City, of counsel.


WYATT, District Judge.

This is a motion by defendant for summary judgment dismissing the complaint and a cross motion by plaintiff for summary judgment for the relief demanded in the complaint. Fed.R.Civ.P. 56. The cross motion was made orally before the Court at the hearing of the motion.

The record establishes, and the parties are agreed, that there is no genuine issue as to any material fact.

The action is in form one for a mandatory injunction...

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