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UNITED STATES v. WHITEHOUSE & PINE, INC.

127 F.Supp. 694 (1954)

UNITED STATES of America, Plaintiff, v. WHITEHOUSE & PINE, Inc., Defendant.

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

December 31, 1954.

Attorney(s) appearing for the Case

J. Edward Lumbard, U. S. Atty., Southern Dist. of N. Y., New York City, for plaintiff. Harold J. Raby, Asst. U. S. Atty., New York City, Harland F. Leathers, Dept. of Justice, Washington, D. C., of counsel.

Kaye, Scholer, Fierman & Hays, New York City, for defendant, Benjamin M. Kaye, Fred A. Freund, Sherwood Maggin, New York City, of counsel.

DIMOCK, District Judge.

This is a motion, under Rule 56, Fed. Rules Civ.Proc., 28 U.S.C., by the United States of America, plaintiff, for an order striking the answer of Whitehouse & Pine, Inc., defendant, granting summary judgment in favor of plaintiff against defendant and vacating defendant's notice of deposition served upon plaintiff and dated January 12, 1953.

Subsequent to the date of service of plaintiff's motion but prior to the agreed date for...

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