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TIMPSON v. MARSHALL, MEADOWS & STEWART

198 Misc. 1034 (1950)

Edgar N. Timpson et al., Plaintiffs, v. Marshall, Meadows and Stewart, Inc., et al., Defendants.

Supreme Court, Special Term, Onondaga County.

July 31, 1950.

Attorney(s) appearing for the Case

Leyden E. Brown for defendants.

Harry Mizen for plaintiffs.

SEARL, J.

One motion is made in behalf of defendant Marshall, Meadows & Stewart, Inc., hereinafter referred to as the manufacturer, for dismissal of the amended complaint (Rules Civ. Prac., rule 106, subd. 5) and for an order striking out paragraphs 5, 9, 15, 18 and 20 of the amended complaint (rule 103).

The second motion made by Benjamin and White, hereinafter referred to as the retailers, likewise...

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