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UNITED STATES v. AMERICAN SURETY CO. OF NEW YORK

No. L-7634.

25 F.Supp. 700 (1938)

UNITED STATES to Use and for Benefit of FOSTER WHEELER CORPORATION v. AMERICAN SURETY CO. OF NEW YORK et al.

District Court, E. D. New York.

November 28, 1938.

Attorney(s) appearing for the Case

Kamen & Ostertag, of New York City, (Bernard I. Kamen and Sol S. Ostertag, both of New York City, of counsel), for plaintiff.

Michael F. Walsh, U. S. Atty., of Brooklyn, N. Y. (J. Wolfe Chassen, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for the United States.

Bigham, Englar, Jones & Houston, of New York City (W. J. Nunnally, Jr., and Henry J. Bogatko, both of New York City, of counsel), for defendant Atlantic Basin Iron Works.

MOSCOWITZ, District Judge.

These are two motions, the first being a motion by the intervening defendant, Atlantic Basin Iron Works, to make the United States a party to this action. The second is a motion by the use plaintiff, Foster Wheeler Corporation, to strike out the answer of the intervening defendant because of failure to comply fully with a demand for a bill of particulars.

The action in which these motions are made is one brought by the Foster Wheeler...

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