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UNITED STATES v. BEARD

Civ. No. 4312.

148 F.Supp. 288 (1957)

UNITED STATES of America, Plaintiff, v. Edward BEARD, and Al J. Beard, formerly doing business as A. J. Beard & Son, Defendants.

United States District Court N. D. New York.

January 16, 1957.

Attorney(s) appearing for the Case

Theodore F. Bowes, U. S. Atty., Syracuse, N. Y., George W. Seager, Asst. U. S. Atty., Phelps, N. Y., of counsel, for plaintiff.

Harry Pozefsky, Gloversville, N. Y., for defendants.

FOLEY, District Judge.

This is the second application by the Government in this action for summary judgment. I denied the first application without prejudice to renewal by Memorandum-Decision and Order dated February 10, 1956. D.C., 144 F.Supp. 732. The basis for such conclusion was that the record submitted on the motion did not contain a definite and final order of invalidation which seemed most important to grant the relief...

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