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JAPANESE GOVERNMENT v. COMMERCIAL CAS. INS. CO.

101 F.Supp. 243 (1951)

JAPANESE GOVERNMENT v. COMMERCIAL CAS. INS. CO. et al.

United States District Court, S. D. New York.

November 20, 1951.

Attorney(s) appearing for the Case

Ira J. Schuster, New York City, for plaintiff.

Duer, Strong & Whitehead, New York City (Harman Hawkins, New York City, of counsel), for defendants.

RYAN, Judge.

Suit has been filed by the Japanese Government against Andrew G. W. Frederick, doing business as Frederick Mahogany Company, for breach of contract and fraud and misrepresentation, and against Commercial Casualty Insurance Company on a bond executed by it guaranteeing, in part, the faithful performance by "Frederick" of the contract in suit.

Defendants, prior to answer, move to dismiss the complaint, urging "that the complaint fails to state a...

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