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CUBA RAILROAD COMPANY v. UNITED STATES

124 F.Supp. 182 (1954)

CUBA RAILROAD COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

July 14, 1954.

Attorney(s) appearing for the Case

Kramer, Marx, Greenlee & Backus, New York City, for plaintiff.

J. Edward Lumbard, U. S. Atty., New York City, for defendant.

NOONAN, District Judge.

The defendant in this proceeding has moved pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. for summary judgment dismissing the complaint, or pursuant to Rule 12 (b) for an order dismissing the complaint on the ground that the complaint fails to state a claim upon which relief can be granted; the plaintiff has cross-moved for summary judgment in its favor.

Since none of the material facts are in dispute, the...

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