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TRACTOR & EQUIPMENT CORPORATION v. CHAIN BELT CO.

50 F.Supp. 1001 (1942)

TRACTOR & EQUIPMENT CORPORATION v. CHAIN BELT CO.

District Court, S. D. New York.

September 5, 1942.

Attorney(s) appearing for the Case

Edmund Glueck, of New York City, for plaintiff.

Harper & Matthews, of New York City (Vincent P. Uihlein and James E. Austin, both of New York City, of counsel), for defendant.

LEIBELL, District Judge.

This is a motion by plaintiff, Tractor & Equipment Corporation, for a partial summary judgment pursuant to Rule 56 of the F.R.C.P., 28 U.S.C.A. following section 723c. The defendant, Chain Belt Company, has made a similar motion. Both motions will be decided together as they involve the same facts and the first cause of action only.

Plaintiff's motion (which was the first to be made) prays for an order: "* * * granting judgment...

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