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SIMKINS IND., INC. v. FULD & CO., DIV. OF MET. GR., INC.

Civ. A. No. 73-2512.

392 F.Supp. 126 (1975)

SIMKINS INDUSTRIES, INC. v. FULD & COMPANY, DIVISION OF METROPOLITAN GREETINGS, INC.

United States District Court, E. D. Pennsylvania.

February 12, 1975.

Attorney(s) appearing for the Case

Samuel E. Dennis, Philadelphia, Pa., for plaintiff.

Mitchell W. Miller, Philadelphia, Pa., for defendant.

MEMORANDUM OPINION

BECHTLE, District Judge.

This matter is before the Court on plaintiff's three motions as to the counterclaim in which it is the defendant. The first motion is for summary judgment pursuant to Rule 56; the second for judgment on the pleadings under Rule 12(c); and the third, in the alternative, for a preliminary hearing permitted by Fed.R.Civ.P. 12(d).

When defendant Fuld & Company ("Fuld") elected not to pay for merchandise...

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