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UNITED STATES v. DELTA INDUSTRIES, INC.

Civ. A. No. C 65-84.

275 F.Supp. 934 (1966)

UNITED STATES of America, Plaintiff, v. DELTA INDUSTRIES, INC., et al., Defendants.

United States District Court N. D. Ohio, E. D.

March 31, 1966.

Attorney(s) appearing for the Case

Merle M. McCurdy, U. S. Atty., Robert S. Turoff, James L. Oakar, Asst. U. S. Attys., Walter R. Wertheim, Asst. Regional Counsel, Small Business Administration, Cleveland, Ohio, for plaintiff.

Thomas Paris, Donald Wolfson, Cleveland, Ohio, for defendants Delta Industries, Inc., Sahley Corp., Cleveland Designers & Consultants, Inc., National Materials Corp., Draftsmen, Inc., David and Sylvia Turner and Lloyd and Harriet Sahley.

Wm. B. Saxbe, Atty. Gen., T. S. Moulton, Asst. Atty. Gen., Columbus, Ohio, E. L. Sepessy, Asst. Atty. Gen., Cleveland, Ohio, for defendant State.

John T. Corrigan, Pros. Atty., Doris Brucker, Asst. Pros. Atty., Cleveland, Ohio, for defendant Treasurer of Cuyahoga County.

MEMORANDUM

GREEN, District Judge:

Plaintiff has moved for reconsideration of this Court's order of October 26, 1965 denying plaintiff's motion to dismiss defendants' counter-claim in this action. After carefully considering the issue presented herein the Court has concluded that the said motion should be granted, but not for the basic reason advanced by plaintiff.

In originally moving for dismissal of defendants' counter-claim plaintiff argued that...

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