RALPH HOCHMAN & COMPANY v. FORT STANWIX MFG. CO.

Civ. A. No. 67-CV-297.

284 F.Supp. 1000 (1968)

RALPH HOCHMAN & COMPANY, Plaintiff, v. FORT STANWIX MFG. CO., Inc., Defendant.

United States District Court N. D. New York.

February 26, 1968.


Attorney(s) appearing for the Case

Richard D. Grossman, of Langan, Grossman, Kinney & Dwyer, Syracuse, N. Y., for plaintiff.

James T. Griffin, of O'Shea, Griffin, Jones & McLaughlin, Rome, N. Y., for defendant.


TIMBERS, District Judge.*

Defendant having filed a motion on December 4, 1967 to dismiss the complaint in the instant action, which was commenced on August 30, 1967, "on the ground that the institution and prosecution by plaintiff against defendant, in this Court, of Civil Action 9702, which action was instituted in August, 1963, constituted an election of remedies by plaintiff which bars...

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