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MERRIMACK MANUFACTURING COMPANY v. BERGMAN

154 F.Supp. 688 (1957)

MERRIMACK MANUFACTURING COMPANY, Plaintiff, v. Sid BERGMAN and Sam Bergman, doing business under the fictitious name and style of "Little Bitty", Star Novelty Company, Inc.; and Louis Kohn, Samuel Wulwick, Gene Kohn and Julie Bass, doing business as co-partners under the fictitious name and style of "Star Novelty Co.", Defendants.

United States District Court S. D. New York.

August 22, 1957.

Attorney(s) appearing for the Case

Robinson & Henson, New York City, for plaintiff Truman Henson, Robert D. Cole, New York City, of counsel.

Philip I. N. Alperdt, New York City, for defendants Sid Bergman and Sam Bergman, d/b/a "Little Bitty".

Harry Sand, New York City, for defendants Louis Kohn, Samuel Wulwick, Gene Kohn and Julie Bass, d/b/a Star Novelty Co., Aaron Shapiro, New York City, of counsel.

LEVET, District Judge.

The defendant partnership, Star Novelty Co., has moved for summary judgment. Plaintiff, Merrimack Manufacturing Company, has made a cross-motion for summary judgment and for attorney's fees and has moved to dismiss the counterclaims, denials and affirmative defenses of the defendants. The basic issue is the ownership of 72 cases of fabric now in plaintiff's mill in Massachusetts. The action arises under Title 28 U.S.C.A. §§ 1335 and...

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