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WILDER v. BRACE

Civ. No. 7-177.

223 F.Supp. 703 (1963)

Jack WILDER et al., Plaintiffs, v. Lloyd D. BRACE et al., Defendants.

United States District Court D. Maine, S. D.

October 30, 1963.

Attorney(s) appearing for the Case

Leonard M. Nelson, Portland, Me., Martin Horwitz, Jonathan Lubell, New York City, for plaintiffs.

Fred C. Scribner, Jr., Donald W. Perkins, Portland, Me., Joseph P. Rooney, Ansel B. Chaplin, Boston, Mass., Charles P. Barnes, II, Portland, Me., Robert W. Meserve, Boston, Mass., William L. Kerr, Midland, Tex., for defendants.

GIGNOUX, District Judge.

This matter is before the Court upon plaintiffs' motion for partial summary judgment, Fed.R.Civ.P. 56(a), and defendants' motions to dismiss the action for failure of the complaint to state a claim upon which relief can be granted, Fed.R.Civ.P. 12(b) (6).1 Defendants' motions to dismiss have been treated as motions for summary judgment, inasmuch as by affidavits and counteraffidavits the parties have presented...

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