MILLER v. SCHWEICKART

No. 74 Civ. 5089.

413 F.Supp. 1059 (1976)

Howard M. MILLER et al., Plaintiffs, v. Winfield H. SCHWEICKART et al., Defendants.

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

March 29, 1976.


Attorney(s) appearing for the Case

Freeman, Meade, Wasserman, Sharfman & Schneider, New York City, Laurance V. Goodrich, Brooklyn, N. Y., for plaintiffs; J. Owen Zurhellen, III, New York City, of counsel.

Guggenheimer & Untermyer, New York City, for defendant Josephthal & Co.; Marvin E. Pollock, Bruce J. Berman, New York City, of counsel.

Rapaport & Rapaport, New York City, for defendants Hibbard, O'Connor & Weeks, Inc. and G. W. Racasi, Inc.; Martin S. Rapaport, New York City, of counsel.


OPINION

EDWARD WEINFELD, District Judge.

Upon the argument of the parties' respective motions,1 plaintiffs' counsel acknowledged there was no basis upon which to oppose the motion of defendant Josephthal & Co. ("Josephthal") for summary judgment, and accordingly it is granted. The sole issue remaining is whether, in addition to allowable statutory costs, defendant should be granted reasonable counsel fees incurred in defense...

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