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KILPATRICK v. TEXAS & P. RY. CO.

Civ. Nos. 39-341, 40-170, 39-349, 40-169.

72 F.Supp. 632 (1947)

KILPATRICK v. TEXAS & P. RY. CO. PARKER v. SAME.

District Court, S. D. New York.

June 10, 1947.

Attorney(s) appearing for the Case

Gerald F. Finley and Arnold B. Elkind, both of New York City (Arnold B. Elkind, of New York City, of counsel), for plaintiffs.

Davis, Polk, Wardwell, Sunderland & Kiendl, of New York City, appearing specially for the purposes of these motions only (William H. Timbers and Cleveland C. Cory, both of New York City, of counsel), for defendant.

CAFFEY, District Judge.

Two actions, Civ. 39-341 and Civ. 39-349, were brought under the Federal Employers' Liability Act by two employees of defendant to recover damages for personal injuries sustained by them while engaged in the performance of their duties. Both actions were filed in December, 1946.

The defendant appeared specially in both actions and moved for orders vacating the attempted service of the summons and complaints on the ground that the defendant...

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