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NELSON v. AGWILINES

70 F.Supp. 497 (1946)

NELSON et al. v. AGWILINES, Inc. GUNDERSON et al. v. EASTERN S. S. LINES, Inc.

District Court, S. D. New York.

May 28, 1946.

Attorney(s) appearing for the Case

Abraham M. Fisch, of New York City, for plaintiffs.

Burlingham, Veeder, Clark & Hupper, of New York City (Herbert M. Lord, of New York City, of counsel), for defendants.

LEIBELL, District Judge.

In Civil Action No. 31 — 246 the defendant, Agwilines, Inc., has moved — "for an order pursuant to Rule 56 of the Federal Rules of Civil Procedure [28 U.S.C.A. following section 723c] granting summary judgment in favor of the defendant, Agwilines, Inc., dismissing the complaint herein, on the ground that there is no genuine issue as to any material fact with respect to the affirmative defense that plaintiffs are not subject to...

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