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NEWSUM v. PENNSYLVANIA R. CO.

79 F.Supp. 225 (1948)

NEWSUM v. PENNSYLVANIA R. CO. (WILLIAMS et al., Third Party Defendants).

District Court, S. D. New York.

July 1, 1948.

Attorney(s) appearing for the Case

Leo Gitlin, of New York City, for plaintiff.

Louis J. Carruthers, of New York City (William A. Colton, of St. Albans, N. Y. of counsel), for Pennsylvania R. Company.

John F. X. McGohey, U. S. Atty., of New York City (Nathan Skolnik, Asst. U. S. Atty., of New York City, of counsel), for the United States.

GODDARD, District Judge.

This is a motion by the third party defendant, the United States of America, to dismiss the third party complaint of the Pennsylvania Railroad Company on the ground that the court lacks jurisdiction of the subject matter of the third party action.

The original action was brought by plaintiff against the defendant pursuant to the provisions of the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., and the Safety Appliance...

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