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BRUCE REALTY COMPANY OF FLORIDA v. BERGER

No. 70 Civ. 107.

327 F.Supp. 507 (1971)

BRUCE REALTY COMPANY OF FLORIDA, Plaintiff, v. Louis BERGER, Harry Resnick and Peter Messina, as Executors of the Estate of Joseph Y. Resnick, Deceased, Defendants.

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

May 28, 1971.

Attorney(s) appearing for the Case

Rosenman, Colin, Kaye, Petschek, Freund & Emil, New York City, for plaintiff, by Ambrose Doskow and Joseph Zuckerman, New York City, of counsel.

Berger & Friedman, Ellenville, N. Y., for defendants, by Abraham Streifer, Kingston, N. Y., of counsel.

OPINION

POLLACK, District Judge.

This is a motion for summary judgment in an action on a promissory note executed by defendants' testator.

Plaintiff is a Florida corporation with principal place of business in Florida. The defendants are the executors of the estate of former United States Representative Joseph Y. Resnick. The decedent was and all the defendants are citizens of New York. Jurisdiction is...

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