LaSalle was initially required to pay the costs of the special master, but was allowed to recover them from Southern and Colonial as costs. See generally, Heiberg v. Hasler, 1 F.R.D. 735 (N.Y. 1944). The court apportioned the total cost of the master between action involving Southern and the action involving Colonial.
The Commissioner could not be foreclosed on the right to a trial on those issues by the entry of summary judgment. Toebelman v. Missouri-Kansas Pipe Line Co., 3 Cir., 130 F.2d 1016; Heiberg v. Hasler, D.C., E.D.N.Y., 1 F.R.D. 735. The Corporation contends that the case of Campana Corporation v. Harrison, 7 Cir., 114 F.2d 400, is res judicata in this case.
The allegation in the complaint that plaintiff is an existing partnership under the laws of the Kingdom of the Netherlands is a question of fact dependent upon the Dutch law. See Heiberg v. Hasler, D.C.E.D.N.Y., 1941, 1 F.R.D. 735. Insofar as the law of New York is concerned, a dissolution of a partnership does not terminate its existence. See § 61 of the New York Partnership Law, McKinney's Consol. Laws, c. 39.
Order in accordance with opinion. See, also, D.C., 1 F.R.D. 735. Jules Chopak, of New York City, for plaintiffs (for motion).