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UNITED STATES v. RAILWAY EXP. AGENCY

Civ. No. 1155.

101 F.Supp. 1008 (1951)

UNITED STATES v. RAILWAY EXP. AGENCY, Inc.

United States District Court, D. Delaware.

December 7, 1951.

Attorney(s) appearing for the Case

William Marvel, U. S. Atty., of Wilmington, Del., H. G. Morison, Asst. Atty. Gen., James E. Kilday, Special Asst. to the Atty. Gen., Charles L. Beckler, Trial Attorney, Bethesda, Md., and Gareth M. Neville, Special Attorney, of Washington, D. C., for plaintiff.

Richard F. Corroon (Berl, Potter & Anderson) of Wilmington, Del., Francis M. Shea and Warner W. Gardner (Shea, Greenman, Gardner & McConnaughey) of Washington, D. C., J. H. Mooers and J. E. Mann of New York City, Albert Ward of Philadelphia, Pa., and Sidney S. Alderman of Washington, D. C., for defendant.

RODNEY, District Judge.

This case involves a motion of the defendant, Railway Express Agency, Inc., to dismiss the complaint under Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C. and a motion of the plaintiff, the United States of America, for judgment on the pleadings under Rule 12(c). A decision of this court on April 3, 1950,1 rejected the defendant's contention that the court was without jurisdiction to hear this case...

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