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RAILWAY SUPPLY & MFG. CO. v. SAFIE BROS. CO.

204 F.Supp. 925 (1962)

RAILWAY SUPPLY & MFG. CO., Plaintiff, v. SAFIE BROS. CO., Inc., Defendant.

United States District Court S. D. New York.

April 16, 1962.

Attorney(s) appearing for the Case

Brush & Bloch, New York City, Monroe P. Bloch, New York City, of counsel, for plaintiff.

Rubin, Rubin, Pearlman & Weinberg, New York City, Herschel M. Weinberg, Max Grossberg, New York City, of counsel, for defendant.

WEINFELD, District Judge.

This is an action for breach of contract for the sale of goods in which jurisdiction rests on diversity of citizenship. The plaintiff moves, pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A., for summary judgment on the issue of liability and for an assessment of damages.

The plaintiff is engaged in the business of buying, selling and converting waste material from cotton mills. The defendant is the owner of...

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