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BAYUK CIGARS v. MOSHASSUCK TRANSP. CO.

105 F.Supp. 511 (1952)

BAYUK CIGARS, Inc. v. MOSHASSUCK TRANSP. CO. (CENTENNIAL INS. CO. et al., third party defendants).

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

May 29, 1952.

Attorney(s) appearing for the Case

Rein, Mound & Cotton, New York City, for plaintiff.

Zelby & Burstein, New York City, for defendant Moshassuck Transp. Co.

George I. Janow, New York City, for Centennial Ins. Co.

Joseph Fennelly, Jr., New York City, for Lester S. Walker.

SUGARMAN, District Judge.

Plaintiff, Bayuk Cigars, Inc., moves for summary judgment [motion no. 25] in its action for non-delivery of two shipments of cigars, which allegedly were delivered to defendant Moshassuck Transportation Company, a common carrier, and which were not received by the consignees. Defendant Moshassuck simultaneously moves for summary judgment [motion no. 26] in its cross-action against third-party defendant Centennial Insurance Company or in the...

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