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MILLER v. NATIONAL CITY BANK OF NEW YORK

69 F.Supp. 187 (1946)

MILLER v. NATIONAL CITY BANK OF NEW YORK et al.

District Court, S. D. New York.

November 15, 1946.

Attorney(s) appearing for the Case

Milton Paulson, of New York City (Abraham L. Pomerantz and William E. Haudek, both of New York City, of counsel), for plaintiff.

Shearman & Sterling & Wright and McClellan & Shrewsbury, all of New York City, for defendant National City Bank.

Davis, Polk, Wardwell, Sunderland & Kiendl, of New York City (Ralph M. Carson, of New York City, of counsel), for Guaranty Trust Co.

RIFKIND, District Judge.

Defendant Guaranty Trust Company moves for summary judgment dismissing the amended complaint on the grounds of (1) res judicata and (2) statute of limitations. Federal Rules of Civil Procedure, rule 56, 28 U.S.C.A. following section 723c.

The motion is made before answer. Rule 56(b).

The claims against Guaranty are declared in two alternative counts. Rule 8 (e) (2).

The first count, after setting forth diversity of...

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