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CARL BYOIR & ASSOCIATES v. TSUNE-CHI-YU

36 F.Supp. 963 (1941)

CARL BYOIR & ASSOCIATES, Inc., v. TSUNE-CHI-YU.

District Court, S. D. New York.

January 23, 1941.

Attorney(s) appearing for the Case

Katz & Sommerich, of New York City (Maxwell C. Katz and Henry I. Fillman, both of New York City, of counsel), for plaintiff.

Nordlinger, Riegelman & Cooper, of New York City (Harold Riegelman and H. H. Nordlinger, both of New York City, of counsel), for defendant.

CONGER, District Judge.

Defendant moves herein for summary judgment dismissing the complaint pursuant to Rule 56, Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

It has been previously held that the complaint herein states a prima facie case of a trust relationship. Carl Byoir & Associates, Inc., v. Tsune-Chi-Yu, 2 Cir., 112 F.2d 885. The facts are there set out.

Defendant contends that an...

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