Kahle v. Amtorg Trading Corp.
District Court, D. New Jersey
1Opinion of the Court
SMITH, District Judge.
This is a civil action in which the plaintiffs seek to recover the purchase price of a certain machine, to wit, $27,225. The action is before the Court at this time on two motions: a motion for judgment on the pleadings, filed by the plaintiffs, under the Federal Rules of Civil Procedure, Rule 12 (c), 28 U.S.C.A., and a motion for summary judgment, filed by the defendant, under the Federal Rules of Civil Procedure, Rule 56, 28 U.S.C.A. The former is súpported by the affidavit of one of the plaintiffs, and the motion will therefore be treated as one for summary judgment.
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2Cases cited10 opinions
- John F. Trainor Co. v. G. Amsinck & Co.New York Court of Appeals · 1923
- Earlin v. MorsSupreme Court of New Jersey · 1949
- Mawhinney v. Millbrook Woolen Mills, Inc.New York Court of Appeals · 1922
- Kerney v. JohnsonSupreme Court of New Jersey · 1929
- Norton v. MillerNew Jersey Court of Chancery · 1946
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3Cited by3 opinions
- Kahle v. Amtorg Trading Corp.District Court, D. New Jersey · 1952
- Fairchild Stratos Corporation v. Lear Siegler, Inc.Court of Appeals for the Fourth Circuit · 1964
- Neptune Research v. Teknics Indus.New Jersey Superior Court Appellate Division · 1989