FRIEDA RADER AND PAUL RADER, PLAINTIFFS-APPELLANTS,
v.
MANUFACTURERS CASUALTY INSURANCE COMPANY OF PHILADELPHIA, DEFENDANT-APPELLEE
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This interlocutory appeal concerns an order denying motions to strike and dismiss a complaint seeking specific performance or damages related to a real estate contract assignment.
The court is reviewing an order denying motions to strike and dismiss the complaint, and has not yet ruled on the merits of the claims for specific performance or damages.
Plaintiffs sought specific performance or damages based on a purported assignment of a real estate contract. The assignment was executed by an officer…
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PER CURIAM.
While the allegations of the lengthy complaint herein are not over-clear, it is quite apparent that plaintiffs are once more seeking to evade responsibility for the bail bond indemnity to which they have been held in a series of actions that they have initiated in the state and federal courts. These are fully described, with citations, in our latest decision, Rader v. Manufacturers Cas. Ins. Co. of Philadelphia, 2 Cir., 242 F. 2d 419, of which, and the record on which it was based, we take judicial notice. There is no excuse for these many attempts to reopen issues thoroughly settled and now completely res judicata,. We modify the judgment to provide for dismissal of the complaint on the merits.
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Citator
Authorities Cited
- Frieda Rader and Paul Rader v. Mfrs. Cas. Ins. Co. OF Philadelphia, 242 F.2d 419 (2d Cir. 1957)