IPPOLITO-LUTZ, INC. v. HARRIS

77 Civ. 6170(MP).

473 F.Supp. 255 (1979)

IPPOLITO-LUTZ, INC., Plaintiff, v. Patricia Roberts HARRIS, Secretary of United States Department of Housing and Urban Development, Defendant.

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

July 10, 1979.


Attorney(s) appearing for the Case

M. Carl Levine, Morgulas & Foreman, New York City, for plaintiff by Jerrold Morgulas, Peter Brown, New York City.

Robert B. Fiske, Jr., U.S. Atty., S.D.N.Y., for defendant by Gary G. Cooper, Asst. U.S. Atty., New York City, Melvin S. Belin, Washington, D.C.


DECISION

POLLACK, District Judge.

The defendant, Secretary of the Department of Housing and Urban Development ("HUD"), has moved for judgment in her favor on the pleadings, Fed.R.Civ.P. 12(c), and plaintiff, Ippolito-Lutz, Inc., has cross-moved for summary judgment in its favor, Fed.R.Civ.P. 56.

This action by a building contractor seeks to recover from the defendant Secretary the amount of a judgment rendered in 1967 in favor of plaintiff and against...

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