INGALLS IRON WORKS COMPANY v. FEHLHABER CORPORATION

Civ. A. No. 65-CV-372.

275 F.Supp. 623 (1967)

The INGALLS IRON WORKS COMPANY, a corporation, Plaintiff, v. FEHLHABER CORPORATION, a corporation, and Terry Contracting, Inc., a corporation, as individual corporations, as members of a joint adventure known as Fehlhaber-Terry, as cotrustees under an express trust, and as statutory cotrustees under Article 3-A of the New York Lien Law; Fehlhaber-Terry, a joint adventure consisting of Fehlhaber Corporation, a corporation, and Terry Contracting, Inc., a corporation, Aetna Casualty and Surety Company, a corporation, American Employers Insurance Company, a corporation, and X, Y, and Z, whose names are otherwise unknown to plaintiff, but who are persons, firms or corporations who are transferees of trust assets liable to plaintiff, or persons aiding and abetting said named defendants, whose names will be added by amendment when ascertained, Defendants.

United States District Court N. D. New York.

September 29, 1967.


Attorney(s) appearing for the Case

Thomas V. Kenney, Troy, N. Y., C. V. Stelzenmuller, Birmingham, Ala., for plaintiff, John W. MacDonald, Ithaca, N. Y., McChesney & Kenney, Troy, N. Y., Thomas, Taliaferro, Forman, Burr & Murray, Birmingham, Ala., of counsel.

Norton, Sacks, Molineaux & Pastore, New York City, for defendants, Fehlhaber Corp., Fehlhaber-Terry, a joint venture, The Aetna Casualty & Surety Co. and American Employers Insurance Co., Stanley J. Norton, Charles B. Molineaux, Jr., New York City, of counsel.


JAMES T. FOLEY, Chief Judge.

Memorandum-Decision and Order

As the title might warn, claims that create complexity are set forth in this action. The motion at hand has resulted in a massive submission. The briefing by plaintiff was withheld for several months and then when filed was most extensive in its coverage followed by a tit-for-tat prolonging of the final submission by letters and supplemental affidavits by both sides for a substantial time period...

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