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HABERMAN v. MURCHISON

No. 68 Civ. 3791.

331 F.Supp. 180 (1971)

Simon V. HABERMAN, Plaintiff, v. John D. MURCHISON and Clint W. Murchison, individually and as partners d/b/a Murchison Brothers, et al., Defendants.

United States District Court, S. D. New York.

September 13, 1971.

Attorney(s) appearing for the Case

Bennett Frankel, New York City, for plaintiff.

Debevoise, Plimpton, Lyons & Gates, New York City, for defendants John D. Murchison, Clint W. Murchison, Jr. and Murchison Brothers, by J. Asa Rountree, Hugh Rowland, Jr., Bruce R. Kohler, New York City, of counsel.

Cahill, Gordon, Sonnett, Reindel & Ohl, New York City, for defendant Donald D. Harrington, by Paul W. Williams, Raymond L. Falls, Jr., Joel C. Balsam, New York City, of counsel.

OPINION

GURFEIN, District Judge.

After the filing of an amended complaint, the Murchison defendants and defendant Harrington move for summary judgment. The plaintiff moves for summary judgment only against these defendants.

The original complaint in a single count was dismissed by Judge Bryan (Smith v. Murchison, 310 F.Supp. 1079 [1970]) as stating no claim for relief over which this Court has jurisdiction under...

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