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PENNSYLVANIA R. CO. v. UNITED STATES

Civ. No. 386-52.

111 F.Supp. 80 (1953)

PENNSYLVANIA R. CO. v. UNITED STATES et al.

United States District Court D. New Jersey.

March 5, 1953.

Attorney(s) appearing for the Case

Carpenter, Gilmour & Dwyer, by James D. Carpenter, Jersey City, N. J., (Adrian O'Kane, New York City, Stephen V. R. Strong, New Brunswick, N. J., and A. S. Schroeder, Philadelphia, Pa., of counsel), for plaintiff.

Grover C. Richman, Jr., U. S. Atty., Newark, N. J., by Edward V. Ryan, Asst. U. S. Atty., Jersey City, N. J., Lester S. Jayson, Department of Justice, New York City, for the United States.

Milton, McNulty & Augelli, by Joseph Keane, Jersey City, N. J. (Joseph Brush, New York City, of counsel), for James Healing Co., and Healing & Son, Inc.

Harry Green and Samuel Bloom, New York City, for Harold G. Hoffman.

Wilentz, Goldman, Spitzer & Sills, by Maria Denopoulos, Perth Amboy, N. J., for Albert W. Barber.

Fast & Fast, Newark, N. J., by Jacquin Frank, New York City, for Rose Lynch.

Toner, Crowley & Ackerman, by Marshall Crowley, Newark, N. J., for A. Borup t/a American Radio Sales and Service and New Jersey Bell Telephone Co.

FORMAN, Chief Judge.

— I —

This suit is brought by the Pennsylvania Railroad Company a corporation of the State of Pennsylvania, pursuant to the provisions of 28 U.S.C. § 2201 for a declaratory judgment to determine whether the plaintiff, the seven primary defendants, the United States of America; The Kilgore Manufacturing Company, a corporation of Ohio (upon which service has not been made and which has not appeared voluntarily); National...

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