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HERTER v. HELMSLEY-SPEAR, INC.

149 F.Supp. 713 (1957)

Louise K. HERTER, Plaintiff, v. HELMSLEY-SPEAR, Inc., Defendant. HELMSLEY-SPEAR, Inc., Defendant and Interpleading Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

March 14, 1957.

Attorney(s) appearing for the Case

Neilson Olcott, New York City, for plaintiff.

Sherpick, Regan & Davis, New York City, for defendant and interpleading plaintiff.

Paul W. Williams, U. S. Atty., for the Southern Dist. of New York, New York City, for defendant U. S. of America, William Stackpole, Asst. U. S. Atty., New York City, of counsel.

BICKS, District Judge.

Louise K. Herter, devisee under the Will of her deceased husband of an undivided interest in certain premises located in Manhattan Borough, New York City, brought suit in the New York Supreme Court against Helmsley-Spear, Inc., managing agent of said premises, to recover the portion of the net rentals and profits therefrom allocable to her share or interest. Helmsley-Spear, purporting to proceed in conformity with § 285, New York Civil...

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