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CHERICO v. BROTHERHOOD OF RAILROAD TRAINMEN

167 F.Supp. 635 (1958)

John J. CHERICO, Plaintiff, v. BROTHERHOOD OF RAILROAD TRAINMEN and Lodge 1047, Brotherhood of Railroad Trainmen, Defendants.

United States District Court S. D. New York.

September 10, 1958.

Attorney(s) appearing for the Case

Delson, Levin & Gordon, New York City, for plaintiff.

Breed, Abbott & Morgan, New York City, for defendants.

CASHIN, District Judge.

This is a motion by defendants to dismiss the action because of lack of jurisdiction over the subject matter (Rule 12(b) (1), Federal Rules of Civil Procedure, 28 U.S.C.A.) or to dismiss the action because of improper venue (Rule 12(b) (3), Federal Rules of Civil Procedure).

Plaintiff was employed as a brakeman by the New York Central Railroad for several years preceding October 23, 1953...

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