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F. K. MOTOR SALES, INC. v. GENERAL MOTORS CORP. (CHEVROLET M. D.)

No. 68-C-16.

288 F.Supp. 116 (1968)

F. K. MOTOR SALES, INC., Plaintiff, v. GENERAL MOTORS CORPORATION (CHEVROLET MOTOR DIVISION), Defendant.

United States District Court E. D. New York.

February 19, 1968.

Attorney(s) appearing for the Case

John J. Tennenbaum, Lawrence, N. Y., for plaintiff; Edmund H. H. Caddy, Irving Mariash, New York City, Nathaniel M. Swergold, Lawrence, N. Y., of counsel.

Edward B. Wallace, New York City, for defendant; John J. Higgins, Philip H. Omsberg, New York City, of counsel.

BRUCHHAUSEN, District Judge.

The plaintiff moves for summary judgment on its amended complaint, seeking to enjoin the defendant from terminating its dealership with the plaintiff and to reform the contract so as to substitute Louise Kowalski and/or Louis Philippe in place of Edward F. Kowalski, deceased, as parties to the contract.

The defendant cross moved for judgment on the pleadings, urging that no claim is alleged upon which relief can be granted.

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