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AMERICANA OF PUERTO RICO, INC. v. KAPLUS

Civ. A. No. 641-64.

240 F.Supp. 854 (1965)

AMERICANA OF PUERTO RICO, INC., Plaintiff, v. Samuel R. KAPLUS and J. Kaplus & Son, Inc., Defendants.

United States District Court D. New Jersey.

April 12, 1965.

Attorney(s) appearing for the Case

Clifford W. Starrett of Schenck, Price, Smith & King, Morristown, N. J., Jack L. Cohen, Newark, N. J., for plaintiff.

Barr & Kaplus, Newark, N. J., for defendants.

SHAW, District Judge.

Plaintiff moves pursuant to Rule 56 (F.R.C.P.) with supporting affidavit for summary judgment. Defendants have not filed a counter affidavit and the facts asserted in plaintiff's affidavit in accordance with Rule 56(e) stand admitted for the purposes of this motion.

The pertinent facts are: Plaintiff is a corporation of the Commonwealth of Puerto Rico with its principal place of business at San Juan. Defendant Samuel R. Kaplus, is a citizen...

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