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NOSTRAND POULTRY MARKET v. UNITED STATES

Civil Action No. 3889.

59 F.Supp. 245 (1945)

NOSTRAND POULTRY MARKET, Inc., v. UNITED STATES et al.

District Court, E. D. New York,

February 27, 1945.

Attorney(s) appearing for the Case

Jay Cohen, of New York City, for plaintiff.

T. Vincent Quinn, U. S. Atty., of Brooklyn, N. Y. (Morris K. Siegel, Asst. U. S. Atty., of Brooklyn, N. Y., J. Stephen Doyle, Jr., Sp. Asst. to Atty. Gen., and John J. Curry, Sr. Atty., Department of Agriculture of Falls Church, Va., of counsel), for defendants.

Before LEARNED HAND, Circuit Judge, and GALSTON and BYERS, District Judges.

PER CURIAM.

This is a defendants' motion for summary judgment of dismissal pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

The plaintiff corporation buys live poultry at the City Market in the Borough of Queens, which it slaughters on its own premises 2256 Nostrand Avenue, in the Borough of Brooklyn, and there sells to consumers and local retail butcher shops; it is duly licensed to conduct its business by the...

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