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ELTING v. McDONNELL

4 F.Supp. 988 (1933)

ELTING v. McDONNELL et al. (two cases). SAME v. FURNESS, WITHY & CO., Limited, et al.

District Court, S. D. New York.

July 17, 1933.

Attorney(s) appearing for the Case

George Z. Medalie, U. S. Atty., of New York City (George B. Schoonmaker, Asst. U. S. Atty., of New York City, of counsel), for plaintiff.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Delbert M. Tibbetts, of New York City, of counsel), for defendants.

FRANK J. COLEMAN, District Judge.

Motions to dismiss the complaints are granted unless within twenty days the plaintiff serves and files amended complaints.

Even granting plaintiff's contention that a proper construction of the condition of the bonds makes the defendants liable upon a determination by the commissioner of labor, it presupposes a valid determination; otherwise a determination, whether valid or invalid, would make the defendants liable without...

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