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BOUTIN v. CUMBO

Nos. 65-Civ. 3857, 66-Civ. 4416.

278 F.Supp. 223 (1967)

John BOUTIN, Plaintiff, v. Peter C. CUMBO, Defendant. John BOUTIN, Plaintiff, v. Richard C. CUMBO, Defendant.

United States District Court S. D. New York.

December 14, 1967.

Attorney(s) appearing for the Case

Bachner, Tally & Mantell, New York City, for plaintiff; by H. Richard Penn, New York City, of counsel.

Edward A. Harmon, New York City, for defendant; by James A. Travis, New York City, of counsel.

MEMORANDUM

CROAKE, District Judge.

This is a motion pursuant to Rule 56 (b), Fed.R.Civ.P., for summary judgment and to dismiss the complaint on the ground that the cause of action as stated in the complaint is barred by the applicable period of limitations. This is the second such motion made by defendants.1

The facts have been outlined in the first summary judgment motion, Boutin v. Cumbo, 259 F.Supp...

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