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MARTH v. INDUSTRIAL INCOMES INCORPORATED OF NORTH AMERICA

No. 67 Civ. 1317.

291 F.Supp. 994 (1967)

Margarethe MARTH and Rosemarie Lippmann, Plaintiffs, v. INDUSTRIAL INCOMES INCORPORATED OF NORTH AMERICA, United States Trust Fund Management Corp., Industrial Growth Fund of North America, Peter M. Bekeny and Ilona M. Bekeny, Defendants.

United States District Court S. D. New York.

June 13, 1967.

Attorney(s) appearing for the Case

Windels, Merritt & Ingraham, New York City, for plaintiffs. Charles M. Taylor, New York City, of counsel.

Wofsey, Certilman & Haft, New York City, for defendants Industrial Incomes Incorporated of North America, United States Trust Fund Management Corporation, Peter H. Bekeny and Ilona M. Bekeny. Harvey M. Sklaver and Allan Salovin, New York City, of counsel.

WYATT, District Judge.

This is a motion by defendants (other than Industrial Growth Fund of North America) for the following relief

a. for summary judgment in their favor (Fed.R.Civ.P. 56), or, in the alternative,

b. for a stay of the prosecution of the action pending arbitration, and c. for a vacatur of a warrant of attachment ordered to be issued by Judge Herlands on April 3, 1967, or in the alternative, d. increasing the amount...

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