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TRIZNA v. NEW YORK, C. & ST. L. R. CO.

57 F.Supp. 484 (1944)

TRIZNA v. NEW YORK, C. & ST. L. R. CO.

District Court, S. D. New York.

October 17, 1944.

Attorney(s) appearing for the Case

Gerald F. Finley, of New York City, and Clinton J. Wall, of Youngstown, Ohio, for plaintiff.

Cravath, Swaine & Moore, of New York City, for defendant.

RIFKIND, District Judge.

The defendant moves for an order vacating the service of process and dismissing the action for lack of venue on the ground that defendant is not doing business in this district and on the further ground that to maintain this action in the district would constitute an unreasonable burden upon interstate commerce.

The action is brought under the Federal Employers' Liability Act, 45 U.S.C.A. §§ 51-60. Plaintiff is a citizen...

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