GODDARD, District Judge.
Plaintiff moves for a summary judgment pursuant to rule 113 of the Rules of the Civil Practice Act of the state of New York, and the defendant makes a cross-motion to dismiss the complaint under rule 113.
Facts.
The action is brought by the receiver of the Pelham National Bank to recover the sum of $1,500, the amount assessed against the defendant by the Comptroller of the Currency of the United States under the provisions...
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