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HUNTINGTON STEEL CORP. v. UNITED STATES

153 F.Supp. 920 (1957)

HUNTINGTON STEEL CORP., Plaintiff, v. UNITED STATES of America, Defendant (two cases).

United States District Court S. D. New York.

July 10, 1957.

Attorney(s) appearing for the Case

Harry M. Krokow, New York City, for plaintiff.

Paul W. Williams, U. S. Atty. for the Southern Dist. of New York, New York City, for defendant, James R. Lunney, Asst. U. S. Atty., New York City, of counsel.

LEVET, District Judge.

In each of the above actions the defendant has moved for an order dismissing the complaint for failure to state a claim upon which relief can be granted or for an order making the complaint more definite, pursuant to Rules 12(b) (6) and 12(e) of the Federal Rules of Civil Procedure, 28 U.S.C.A. The complaints are similar and in effect seek to recover certain amounts which the plaintiff paid to the defendant for two fifteen ton Ederer overhead...

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