No. 85 Civ. 9420 (WCC).

659 F.Supp. 151 (1987)

HOSOKAWA MICRON (USA) INC., Plaintiff, v. Samuel G.N. DUNCAN, Defendant.

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

April 28, 1987.

Attorney(s) appearing for the Case

Hughes Hubbard & Reed, New York City, for plaintiff; Steven A. Hammond, Matthew Dixon, of counsel.

Summit Rovins & Feldesman, New York City, for defendant; Ira G. Greenberg, of counsel.

WILLIAM C. CONNER, District Judge.

Plaintiff Hosokawa Micron (USA), Inc. ("Hosokawa") has moved for summary judgment, pursuant to Rule 56 Fed.R. Civ.P., on the ground that it has fulfilled its contractual obligations to defendant Samuel G.N. Duncan ("Duncan"). Defendant Duncan has opposed this motion asserting that there are genuine issues of material fact as to whether: (1) Hosokawa, the successor to U.S. Filter Systems Inc. ("USFS"), breached its contractual duty...

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