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SCHMIEDER v. HALL

No. 76 Civ. 499.

421 F.Supp. 1218 (1976)

Kurt SCHMIEDER, Plaintiff, v. Louis H. HALL, Jr., as Executor of the Estate of Helen B. Dwyer, Defendant.

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

March 12, 1976.

Attorney(s) appearing for the Case

Werner Galleski, New York City, Berg & Duffy, Lake Success, N. Y., for plaintiff, by James P. Duffy, III, Thomas A. Illmensee, Thomas F. Werring, Lake Success, N. Y., of counsel.

Turchin & Topper, Martin, Obermaier & Morvillo, New York City, for defendant, by John S. Martin, Jr., Morton J. Turchin, New York City, of counsel.

MEMORANDUM AND ORDER

WHITMAN KNAPP, District Judge.

Defendant moves to dismiss the complaint on grounds of res judicata, claiming that all issues tendered by the instant complaint have been decided adversely to plaintiff in a previous action between the same parties having the same caption and bearing Index No. 69 Civ. 1939, D.C., 421 F.Supp. 1208.

The complaint in the 1969 action was dismissed after a...

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