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TOWNSEND v. BOSTON & M. R. R.

Nos. 635, 636.

35 F.Supp. 938 (1940)

TOWNSEND et al. v. BOSTON & M. R. R. SAME v. PALMER et al.

District Court, D. Massachusetts.

December 2, 1940.

Attorney(s) appearing for the Case

George E. Roewer (of Roewer & Reel), of Boston, Mass., for plaintiffs Townsend and another.

Gerard D. Reilly and Irving J. Levy, both of Washington, D. C., and Vernon C. Stoneman, of Wage & Hour Division, and Richard W. Hall, both of Boston, Mass., for defendant Boston & M. R. R.

Arthur W. Blackman, of Boston, Mass., for trustees of New York, N. H. & H. R. R.

SWEENEY, District Judge.

In these two cases, which are similar, the defendants have each filed combination motions (1) to dismiss, (2) to add parties, (3) to strike, and (4) for a bill of particulars. Each of the motions cover the same points, and both will be disposed of together.

Motion to Dismiss.

The motion to dismiss for want of the jurisdictional amount of $3,000 is improperly directed since the plaintiffs do not rely on Section 24, Subsection...

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