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RODABAUGH v. DENNEY

24 F.Supp. 1011 (1938)

RODABAUGH v. DENNEY et al.

District Court, S. D. New York.

June 20, 1938.

Attorney(s) appearing for the Case

Thomas J. O'Neill, of New York City (Thomas J. O'Neill and Charles R. Mullin, both of New York City, of counsel), for plaintiff.

Davis, Polk, Wardwell, Gardiner & Reed, of New York City (Theodore Kiendl and L. Ray Glass, both of New York City, of counsel), for defendants.

PATTERSON, District Judge.

The motion is by the defendants, sued as trustees of the Erie Railroad Company, to stay further prosecution of the action. The action, as appears from the complaint, is for personal injuries suffered by the plaintiff while working in interstate commerce in the employ of the Erie Railroad Company and is brought under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. It is alleged that employees of the railroad company built...

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