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OCEAN FISHERIES CO. v. IRA S. BUSHEY & SONS, INC.

Civ. A. No. 60C648.

188 F.Supp. 944 (1960)

OCEAN FISHERIES CO., Inc., Plaintiff, v. IRA S. BUSHEY & SONS, INC., Defendant.

United States District Court E. D. New York.

November 25, 1960.

Attorney(s) appearing for the Case

Enrico S. Sanfilippo, New York City, for plaintiff.

Krisel, Beck & Taylor, New York City, by Maurice A. Krisel and Max Taylor, New York City, of counsel, for defendant.

BYERS, District Judge.

The defendant seeks summary judgment under Rule 56(b), 28 U.S.C.A., dismissing the complaint "on the grounds of res judicata and collateral estoppel by judgment in that the claims made by plaintiff in the complaint herein and the evidentiary facts upon which they are based, were raised by plaintiff and the evidence thereon fully developed and decided adversely to it on the trial of an admiralty suit litigated to a conclusion between the same...

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