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HERTZ v. GRAHAM

158 F.Supp. 201 (1957)

Fannie K. HERTZ, Plaintiff, v. Elizabeth N. GRAHAM, individually and doing business as Maine Chance Farm, Defendant.

United States District Court S. D. New York.

December 23, 1957.

Attorney(s) appearing for the Case

Simpson, Thacher & Bartlett, New York City, for plaintiff, Stephen P. Duggan, Jr., Cyrus R. Vance, Newell G. Alford, Jr., New York City, of Counsel.

Townley, Updike, Carter & Rodgers, New York City, for defendant. P. John Picinich, New York City, of counsel.

IRVING R. KAUFMAN, District Judge.

By this motion plaintiff seeks (1) an order under Rule 15(d) of the Federal Rules of Civil Procedure, 28 U.S.C.A. permitting her to serve a supplemental reply raising the defense of res judicata to defendant's counterclaim and (2) for a summary judgment under Rule 56(b) dismissing defendant's counterclaim as res judicata.

This action was instituted by plaintiff on December 13, 1954, the jurisdiction of this court being founded...

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