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SWARTZ v. SOUTH BUFFALO RY. CO.

Civ. No. 1010.

44 F.Supp. 447 (1942)

SWARTZ v. SOUTH BUFFALO RY. CO.

District Court, W. D. New York.

April 18, 1942.

Attorney(s) appearing for the Case

Winton H. Church, of Buffalo, N. Y., for plaintiff.

Kenefick, Cooke, Mitchell, Bass & Letchworth, of Buffalo, N. Y. (Thomas R. Wheeler, of Buffalo, N. Y., of counsel), for defendant.

KNIGHT, District Judge.

Defendant moves to dismiss on the ground of lack of jurisdiction in the court. Plaintiff is a citizen of this State and a resident of Buffalo. The defendant is a domestic corporation. The amount of controversy exceeds $3,000. The motion is based on lack of diversity of citizenship. Plaintiff sues to recover loss of wages resulting from unlawful discharge by the defendant. He was a freight conductor and bases his claims upon certain rules and...

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