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BIRMINGHAM SMALL ARMS CO. v. BROOKLYN CYCLE, INC.

Nos. 73 Civ. 730 and 74 Civ. 752.

408 F.Supp. 707 (1976)

The BIRMINGHAM SMALL ARMS COMPANY, INCORPORATED, Plaintiff, v. BROOKLYN CYCLE, INC., Defendant. Anthony P. DE SALVATORE, Plaintiff, v. BIRMINGHAM SMALL ARMS COMPANY, INC., and Triumph Norton, Ltd., Defendants.

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

February 4, 1976.

Attorney(s) appearing for the Case

Dewey, Ballantine, Bushby, Palmer & Wood, New York City, for Birmingham Small Arms and Triumph Norton.

Benjamin J. Golub, New York City, for Brooklyn Cycle and Anthony P. De Salvatore.

OPINION AND ORDER

PLATT, District Judge.

Triumph Norton Incorporated (formerly known as The Birmingham Small Arms Company, Incorporated) ("Triumph") moves for an order, pursuant to Rule 56 of the Federal Rules of Civil Procedure, granting summary judgment in its favor upon all claims and counterclaims asserted in the above entitled actions on the grounds that there is no issue as to any material fact and that Triumph is entitled to summary judgment in its...

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