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UNITED STATES v. MUNROE TOWERS, INC.

Civ. A. No. 1187-66.

286 F.Supp. 92 (1968)

UNITED STATES of America, Plaintiff, v. MUNROE TOWERS, INC., et al., Defendants.

United States District Court D. New Jersey.

May 27, 1968.

Attorney(s) appearing for the Case

Abraham R. Klitzman, Asbury Park, N. J., for Carnell Construction Co., Inc.

Jack L. Cohen, by Robert E. Cowen, Newark, N. J., for James Masterson, Receiver for Carnell Construction Co., Inc.

David M. Satz, Jr., U. S. Atty., by Carolyn E. Arch, Asst. U. S. Atty., for the Government.

OPINION

WHIPPLE, District Judge:

This matter is before the court on a motion of the plaintiff to dismiss the counterclaim of Carnell Construction Co., Inc., (Carnell) and also on motion of the Receiver of Carnell for leave to join as third-party defendants the National State Bank of Newark, (Bank) and the Federal Housing Commissioner (Commissioner).

The facts substantially are not in dispute. On November 29, 1966 the plaintiff, United States of America...

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