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ELISH v. ST. LOUIS SOUTHWESTERN RY. CO.

280 A.D. 215 (1952)

Harry M. Elish et al., Respondents, v. St. Louis Southwestern Railway Company, Appellant, et al., Defendants Samuel M. Koenigsberg et al., as Executors of Elisha M. Friedman, Deceased, Suing on Behalf of Themselves and Other Holders of Common Stock of St. Louis Southwestern Railway Company, Respondents, v. St. Louis Southwestern Railway Company, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

May 20, 1952.

Attorney(s) appearing for the Case

Mark F. Hughes of counsel (Vincent R. FitzPatrick with him on the brief; Willkie Owen Farr Gallagher & Walton, attorneys), for appellant.

Abraham K. Weber for Harry M. Elish, Carl Rosenberger, et al., respondents.

Milton Paulson for Samuel M. Koenigsberg, Samuel Friedman, et al., respondents.

PECK, P. J., CALLAHAN and BERGAN, JJ., concur.

[280 A.D. 216]
HEFFERNAN, J.

Defendant, St. Louis Southwestern Railway Company (hereafter referred to as the Cotton Belt), appeals in both of these actions from orders denying its motions to vacate service of the summons and complaint and to dismiss the complaint.

The sole issue on these appeals is whether defendant is doing business in the State of New York to such an extent as to be amenable to service of process here...

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