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GENERAL HOUSES, INC. v. FLOETE

Civ. A. No. 10994.

166 F.Supp. 106 (1958)

GENERAL HOUSES, INC., a corporation, Plaintiff, v. Franklin G. FLOETE, as Administrator of General Services, Marloch Manufacturing Corporation, a corporation, The Greenport Basin & Construction Company, a corporation, and Elizabeth W. Tulloch and Charles M. Ross, as Executors and Trustees of the Estate of Marshall E. Tulloch, Deceased, Defendants.

United States District Court E. D. New York.

September 19, 1958.

Attorney(s) appearing for the Case

Bokat & Bokat, New York City, by Edmund W. Bokat, New York City, of counsel, for plaintiff.

Donovan, Leisure, Newton & Irvine, New York City, Marloch, Greenport and Tulloch by Walter R. Mansfield and Helmut Furth, New York City, of counsel, for defendants.

Charles R. L. Hemmersley, New York City, for Franklin G. Floete, administrator of General Services, substituted defendant.

BYERS, Chief Judge.

The plaintiff's claims for relief pursuant to which judgment is sought in the sum of $6,200,000 with interest at five per cent from August 16, 1947, are alleged to be based upon two separate contracts, one with Reconstruction Finance Corporation (R.F.C.) dated February 7, 1947, and the other with Marloch Manufacturing Corporation (Marloch) dated March 14, 1947.

Judgment in the same amount is sought against Marloch; obviously it is by way...

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