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BOSTON & MAINE RAILROAD v. LEHIGH & NEW ENGLAND R. CO.

188 F.Supp. 486 (1960)

BOSTON AND MAINE RAILROAD, Plaintiff, v. LEHIGH AND NEW ENGLAND RAILROAD COMPANY, Defendant. NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY, Plaintiff, v. LEHIGH AND NEW ENGLAND RAILROAD COMPANY, Defendant.

United States District Court S. D. New York.

June 23, 1960.

Attorney(s) appearing for the Case

William T. Griffin and Herbert Burstein, New York City, for plaintiff New York, N. H. & H. R. Co.

William T. Griffin, Herbert Burstein, New York City, Carl E. Newton, New York City, of counsel, for plaintiff Boston & Maine R. Co.

Clark, Carr & Ellis, Covington Hardee, Donald L. Wallace, New York City, Harold B. Bornemann, Philadelphia, Pa., of counsel, for defendant.

MacMAHON, District Judge.

Plaintiffs in these companion cases move for summary judgment against defendant under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. or for alternative relief described later. Defendant cross-moves for leave to serve amended answers and for a stay of further proceedings pending the completion of pre-trial hearings in other litigation now pending in this court. All of the parties are railroad carriers subject to the Interstate...

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