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DEN HEIJHER v. ERIE RAILROAD COMPANY

171 F.Supp. 174 (1959)

Gerrit Arie DEN HEIJHER, Plaintiff, v. ERIE RAILROAD COMPANY and Horace F. Banta, Trustee for New Jersey & New York Railroad Company, Defendants.

United States District Court S. D. New York.

February 20, 1959.

Attorney(s) appearing for the Case

Harry Edelstein, New York City, for plaintiff.

Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, J. Roger Carroll, New York City, of counsel, for defendant Erie R. Co.

McLanahan, Merritt & Ingraham, New York City, Norman H. Plummer, New York City, of counsel, for defendant Horace Banta, Trustee.

DIMOCK, District Judge.

These are motions to set aside the service of the summons and complaint alleged to have been made upon defendant Horace F. Banta, Trustee for New Jersey & New York Railroad Company. The action is one under the Federal Employers' Liability Act, 45 U.S.C. section 51 et seq., to recover damages for personal injuries alleged to have occurred in Rockland County, New York, within the Southern District of New York.

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