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AMERICAN-MARIETTA COMPANY v. KRIGSMAN

Civ. A. No. 19150.

170 F.Supp. 770 (1959)

AMERICAN-MARIETTA COMPANY, Plaintiff, v. Harry KRIGSMAN and Harold Miller, d/b/a Jamick Manufacturing Co., Defendants.

United States District Court E. D. New York.

March 10, 1959.

Attorney(s) appearing for the Case

Alexander, Maltitz, Derenberg & Sullivan, New York City, for plaintiff. Louis Kunin, New York City, R. Howard Goldsmith, James W. Clement, Schneider, Dressler, Goldsmith & Clement, Chicago, Ill., of counsel.

Kenyon & Kenyon, New York City, for defendants. Ralph L. Chappell and Richard A. Huettner, New York City, of counsel.

BYERS, Chief Judge.

This motion was noticed for March 2, 1959, wherein an order is sought pursuant to Rules 52 and 59, F.R.Civ.P. 28 U.S.C.A. amending certain of the findings and conclusions contained in the court's opinion dated December 22, 1958 (168 F.Supp. 645).

Perhaps it is authorized by so much of subdivision (a) of Rule 52 that says with respect to findings:

"* * * in granting or refusing interlocutory...

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