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ACKMAN v. WALTER E. HELLER & COMPANY

No. 63 Civ. 300.

307 F.Supp. 971 (1968)

Milton R. ACKMAN, as Trustee of American Foam Rubber Corporation, Bankrupt, Plaintiff, v. WALTER E. HELLER & COMPANY, Inc., Defendant.

United States District Court S. D. New York.

October 23, 1968.

Attorney(s) appearing for the Case

Kleeberg & Greenwald, New York City, for plaintiff; Jacob Greenwald, New York City, of counsel.

Seligson & Morris, New York City, for defendant; Charles Seligson, Robert Popper, Jerome M. Greenberg, New York City, of counsel.

WYATT, District Judge.

This is a motion for plaintiff Trustee for an order "opening and continuing the trial of this case to permit plaintiff to adduce proof of interest on loans made by defendant". The motion is made after trial and after the filing on June 28, 1968 of an order, with opinion, 307 F.Supp. 958, directing judgment for defendant. The motion is said to be authorized by Fed.R.Civ.P. 60(b) (1) for "mistake, inadvertence...

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