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SALTZMAN v. BIRRELL

156 F.Supp. 538 (1957)

Samuel SALTZMAN et al., Plaintiffs, v. Lowell M. BIRRELL et al., Defendants.

United States District Court S. D. New York.

November 22, 1957.

Attorney(s) appearing for the Case

Pomerantz, Levy & Haudek, New York City, Julius Levy, New York City, of counsel, for plaintiffs.

Leo B. Mittelman, New York City, for defendant Lowell M. Birrell.

DAWSON, District Judge.

This is a motion to open the default of the defendant Lowell M. Birrell and to set aside judgment heretofore entered against him, and to vacate the order entered by this Court striking out the pleading of the defendant Birrell.

The papers show that on September 17, 1957, a motion was brought before this Court to strike out the answer of Lowell M. Birrell and to enter a judgment of default against this defendant on the ground that the...

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