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UNITED STATES v. ATLANTIC BASIN SHIPYARD

124 F.Supp. 354 (1954)

UNITED STATES of America, for the Use and Benefit of F. JACOBUS TRANSP. CO., Inc. v. ATLANTIC BASIN SHIPYARD, Inc., and American Surety Co. of New York.

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

September 27, 1954.

Attorney(s) appearing for the Case

Foley & Martin, New York City, for plaintiff, Ned J. Parsekian, New York City, of counsel.

Healy & Fusfeld, New York City, for defendants, David Fusfeld, New York City, of counsel.

RAYFIEL, District Judge.

The plaintiff moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. The defendant Atlantic Basin Shipyard, Inc., made a cross motion for summary judgment, and the defendant American Surety Company of New York moved under Rule 15(d) of the said Rules for leave to amend paragraph 7 of its answer by alleging an event which occurred since the date of the service of its answer.

The plaintiff...

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