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SATTERFIELD v. LEHIGH VALLEY RAILROAD CO.

128 F.Supp. 669 (1955)

George SATTERFIELD, Plaintiff, v. LEHIGH VALLEY RAILROAD CO., a corporation, H. E. Millard Lime & Stone Co., a corporation, Maritrop Trading Corp., a corporation, the Dallock Corp., a corporation, Illinois Central Railroad Company, a corporation, International Great Northern Railroad, a corporation, Pennsylvania Railroad, a corporation, Reading Company, a corporation, Erie Railroad Co., a corporation, and Atlantic Coast Line Railroad Company, Defendants.

United States District Court, S. D. New York.

February 18, 1955.

Attorney(s) appearing for the Case

Baker, Garber & Chazen, Hoboken, N. J., for plaintiff, Milton Garber, Hoboken, N. J., of counsel.

Shearman & Sterling & Wright, New York City, for defendants, H. E. Millard Lime & Stone Co., appearing specially herein, C. Brent Holleran, New York City, of counsel.

PALMIERI, District Judge.

This is a motion under Rule 12(b) of the Rules of Civil Procedure, 28 U.S.C., to dismiss the action against defendant, H. E. Millard Lime & Stone Co. (Millard). The action is one to recover for personal injuries and federal jurisdiction is based on diversity of citizenship. 28 U.S.C. § 1332(a) (1). Millard urges that it is entitled to a dismissal on the grounds that: (1) It is not subject...

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