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EARLE v. BRINK'S INC.

54 F.Supp. 676 (1943)

EARLE et al. v. BRINK'S INC. YOUNG et al. v. UNITED STATES TRUCKING CORPORATION.

District Court, S. D. New York.

July 8, 1943.

Attorney(s) appearing for the Case

Archibald Bromsen, of New York City (Herman Rosenfeld, of New York City, of counsel), for plaintiffs.

Burns, Currie & Walker, of New York City (Albert E. Rice, of New York City, of counsel), for defendant Brink's Inc.

John Ross Lauer, of New York City (S. Arnold Witte, of New York City, on the brief), for defendant U. S. Trucking Corporation.

CONGER, District Judge.

Defendants moved for a dismissal of each of the above-entitled actions for failure of the complaints to state claims upon which relief can be granted. So far as pertinent the complaints are identical in all essential respects. The briefs submitted by both sides contain statements of fact which do not appear on the faces of the complaints. These will be ignored and consideration will be given only to such facts as have been pleaded or of which...

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