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MARCEAU v. GREAT LAKES TRANSIT CO.

Civ. No. 1527.

53 F.Supp. 594 (1944)

MARCEAU v. GREAT LAKES TRANSIT CO.

District Court, W. D. New York.

January 27, 1944.

Attorney(s) appearing for the Case

Desmond & Drury, of Buffalo, N. Y., for plaintiff.

Russell v. Bleecker, of Cleveland, Ohio, for defendant.

KNIGHT, District Judge.

Defendant has made two motions; one to dismiss the complaint or in the alternative to stay the action on the ground that a compensation claim on the same cause is pending before the New York State Department of Labor; the other to strike the complaint under Rule 12(e), Rules of Civil Procedure, 28 U.S.C.A. following section 723c, for failure of plaintiff to file a bill of particulars.

The motion under Rule 12(e) may be disposed of summarily...

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