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DYNAMIC INSTRUMENT CORPORATION v. FEDTRO, INC.

No. 66-C-334.

266 F.Supp. 848 (1967)

DYNAMIC INSTRUMENT CORPORATION, Plaintiff, v. FEDTRO, INC., and Robert D. Kahn, Defendants.

United States District Court E. D. New York.

April 19, 1967.

Attorney(s) appearing for the Case

Morgan, Finnegan, Durham & Pine, New York City, for plaintiff; John C. Vassil, Eugene E. Geoffrey, Jr., Alfred P. Ewert, New York City, of counsel.

Herman H. Solnit, New York City, for defendants; Morton Amster, Jesse Rothstein, of Amster & Rothstein, New York City, of counsel.

BARTELS, District Judge.

Defendants Fedtro, Inc. and Robert D. Kahn (Fedtro) move for summary judgment pursuant to Rule 56, Fed.Rules Civ. Proc., 28 U.S.C.A., and Rule 9(g) of the General Rules of this Court, seeking dismissal of the claims recited in Counts IIA, IIB (Par. 21), IIC, and III of the amended supplemental complaint of plaintiff Dynamic Instrument Corporation (Dynamic), upon the ground that these claims present no genuine issue of a material fact.

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