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UNITED STATES v. REVERE COPPER & BRASS CO.

28 F.Supp. 277 (1939)

UNITED STATES v. REVERE COPPER & BRASS CO.

District Court, N. D. New York.

March 20, 1939.

Attorney(s) appearing for the Case

Ralph L. Emmons, U. S. Atty., of Binghamton, N. Y. (B. Fitch Tompkins, Asst. U. S. Atty., of Syracuse, N. Y., of counsel), for the United States.

Wright, Gordon, Zachary & Parlin, of New York City (George H. Savage, of New York City, of counsel), for defendant.

COOPER, District Judge.

This is a motion for judgment in favor of plaintiff on the mandate of the U. S. Circuit Court of Appeals, Second Circuit.

Defendant moved to dismiss the first amended complaint on the ground that it appeared on the face thereof that it did not state facts sufficient to constitute a cause of action.

While the motion was pending the plaintiff obtained an order permitting it to file a second amended complaint. Such order provided...

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