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FINK v. COATES

Nos. 65 Civ. 2105, 65 Civ. 2106.

323 F.Supp. 988 (1971)

Isidore FINK et al., Plaintiffs, v. Francis G. COATES et al., Defendants. COLONIAL REALTY CORPORATION, Plaintiff, v. Francis G. COATES et al., Defendants.

United States District Court, S. D. New York.

February 5, 1971.

Attorney(s) appearing for the Case

Pomerantz, Levy, Haudek & Block, New York City, for plaintiffs; Abraham L. Pomerantz, William E. Haudek, Donald J. Miller, New York City, of counsel.

White & Case, New York City, for defendants; Orison S. Marden, P. B. Konrad Knake, Thomas McGanney, Jeffrey A. Barist, New York City, of counsel.

MEMORANDUM

BONSAL, District Judge.

Plaintiffs move for an order pursuant to Rules 56 and 16, F.R.Civ.P., granting partial summary judgment and simplifying the issues in favor of two of the plaintiff-intervenors in the Fink action and in favor of plaintiff Colonial Realty Corporation, and in favor of all persons similarly situated, against Texas Gulf Sulphur Company (TGS) and Charles F. Fogarty.

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