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Frank Costello, and United States of America, Intervener v. Maurice Simmons, Individually and as Property Clerk of the Police Department of the City of New York
Opinions in this case
- Majority
- Dissent — Cohn
Per Curiam.
The record presents issues of fact which cannot be decided on a motion for summary judgment. Determination of the claim of the United States should likewise await the trial of the action.
The order and the judgment appealed from should be reversed, with costs, and the motion denied.