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UNITED STATES v. KAHAN

203 F.Supp. 329 (1962)

UNITED STATES of America, Plaintiff, v. Jesse KAHAN and Empire Mutual Insurance Co., Defendants and Third-Party Plaintiffs, v. Edwin BEASTON et al., Third-Party Defendants.

United States District Court S. D. New York.

March 21, 1962.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty. for the Southern Dist. of New York, for plaintiff; Elizabeth F. Defeis, Asst. U. S. Atty., New York City, of counsel.

Raymond J. MacDonnell, New York City, for defendants and third party plaintiffs; Robert G. Willner, New York City, of counsel.

SUGARMAN, District Judge.

The plaintiff United States of America moves for summary judgment against defendants Jesse Kahan and Empire Mutual Insurance Co. Pursuant to General Rule 9(g) of this court the movant has annexed to its notice of motion a statement of the material facts as to which it contends there exists no genuine issue to be tried.

The defendants do not annex to their opposing papers any statement pursuant to said General Rule as to which they...

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