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OVERSTREET v. CANADIAN PACIFIC AIRLINES

152 F.Supp. 838 (1957)

Don C. OVERSTREET, Plaintiff, v. CANADIAN PACIFIC AIRLINES, Defendant.

United States District Court S. D. New York.

May 21, 1957.

Attorney(s) appearing for the Case

Harry H. Lipsig, New York City, for plaintiff.

Shearman & Sterling & Wright, New York City, for defendant. Thomas F. Fennell, II, M. Van Voorhies, New York City, of counsel.

DIMOCK, District Judge.

This is a motion to dismiss the complaint upon the following grounds: (1) that the law of New York would not countenance the maintenance of this suit in the New York courts and that the Federal Court should follow this doctrine under Erie R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188, (2) that the maintenance of this suit would place an unreasonable...

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