Hardware Mut. Casualty Co. v. Lieberman

FAKE, District Judge.

The issues here arise on a motion for summary judgment pursuant to Rules 12(c) and 56(a), 28 U.S.C.A. following section 723c.

It appears from the record that on June 10, 1941, an opinion of this court was filed, 39 F.Supp. 243, a judgment was entered thereon on June 17, 1941, in favor of the plaintiff herein and against the defendants Jack Lieberman and Harry Lieberman, individually and trading as Lieberman Bros, for the sum of $4,088.95. On July 3, 1941, an execution was issued thereon and returned unsatisfied.

On October 8, 1941, this ancillary action was instituted,…