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UNITED STATES v. HURWITZ

174 F.Supp. 925 (1959)

UNITED STATES of America, Plaintiff, v. Hyman HURWITZ, Lillian Hurwitz, his wife, Rugby Knitting Mills, Inc., Rainbow Finishing Corporation, Harry Z. Rosenberg and Anna F. Rosenberg d/b/a H. Z. Rosenberg & Co. and Elmer Betkey d/b/a Betkey's Service Station, Defendants.

United States District Court S. D. New York.

July 28, 1959.

Attorney(s) appearing for the Case

S. Hazard Gillespie, Jr., U. S. Atty. for Southern Dist. of New York, New York City, for plaintiff. Marguerite R. de Smet, Asst. U. S. Atty., New York City, of counsel.

Samuel Ruderman, New York City, for defendant Hyman Hurwitz.

DAWSON, District Judge.

This is a motion by plaintiff for an order, pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S. C.A., granting summary judgment on the grounds that there is no genuine issue as to any material fact, and that plaintiff is entitled to judgment as a matter of law.

The basic action seeks to reform and foreclose a mortgage on certain real property, which mortgage was given to...

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