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KILPATRICK v. TEXAS & P. RY. CO.

Civ. Nos. 39-341, 39-349.

72 F.Supp. 635 (1947)

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

District Court, S. D. New York.

July 16, 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.

The matter now comes up on the motions by defendant to dismiss these two actions and the motions by plaintiffs to take depositions, which were not disposed of by my previous opinion. D.C., 72 F.Supp. 632. Defendant has submitted the affidavits and briefs which I then directed should be submitted. Defendant has also filed a formal notice of the withdrawal of that branch of its motions based upon service...

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