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HUDSON & MANHATTAN R. CO. v. UNITED STATES

28 F.Supp. 137 (1939)

HUDSON & MANHATTAN R. CO. v. UNITED STATES et al. (JERSEY CITY, Intervener).

District Court, S. D. New York.

June 21, 1939.

Attorney(s) appearing for the Case

John E. Buck and Donald C. Swatland, both of New York City (John F. Finerty, of New York City, of counsel), for plaintiff.

John T. Cahill, U. S. Atty., of New York City, for Southern District of New York (Frank Coleman, Sp. Asst. to Atty. Gen., and William L. Lynch, Asst. U. S. Atty., of New York City, of counsel), for defendant United States of America.

Nelson Thomas, of Washington, D. C., for defendant Interstate Commerce Commission.

Lawrence Jasie, of New York City (Charles Hershenstein, of Jersey City, N. J., of counsel), for intervening defendant Jersey City.

Heard in pursuance of the provisions of Title 28 United States Code, Section 41(28) and Section 47, 28 U.S.C.A. §§ 41(28), 47, by a three judge court consisting of SWAN, Circuit Judge, and WOOLSEY and HULBERT, District Judges.

WOOLSEY, District Judge.

Our decision in this cause is that the complaint must be dismissed with costs to the defendants on the ground that the venue thereof is laid in the wrong district.

I. The plaintiff is a consolidated...

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