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KLECKNER v. LEHIGH VALLEY R. CO.

Civil No. 1482.

36 F.Supp. 600 (1940)

KLECKNER v. LEHIGH VALLEY R. CO.

District Court, E. D. New York.

November 22, 1940.

Attorney(s) appearing for the Case

Fearey, Allen & Johnston, of New York City, for plaintiff.

Alexander & Green, of New York City, for defendant.

MOSCOWITZ, District Judge.

This is a motion to dismiss the complaint on the ground that the plaintiff allegedly lacks capacity to sue. The action is one for wrongful death under the Federal Employers' Liability Act, 45 U.S.C.A. §§ 51-59, brought against the defendant, a Pennsylvania corporation doing business in New York. The injuries were sustained in the State of New York while the decedent, a Pennsylvania resident, was engaged in interstate commerce in...

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