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FANNIN v. CHESAPEAKE AND OHIO RAILWAY COMPANY

Civ. A. No. 61-775.

204 F.Supp. 154 (1962)

Joseph Norman FANNIN and Bituminous Casualty Corporation, Plaintiffs, v. CHESAPEAKE AND OHIO RAILWAY COMPANY and American-Saint Gobain Corporation, a corporation, Defendants, v. PITTSBURGH PLATE GLASS COMPANY, a corporation, Third-Party Defendant.

United States District Court W. D. Pennsylvania.

April 5, 1962.

Attorney(s) appearing for the Case

James Manley, of Burns & Manley, Pittsburgh, Pa., for plaintiffs.

V. C. Short, Pittsburgh, Pa., for American-St. Gobain Corp.

E. V. Buckley, of Mercer & Buckley, Pittsburgh, Pa., for Chesapeake & Ohio R. Co.

Weis & Weis, Pittsburgh, Pa., for Pittsburgh Plate Glass.

WILLSON, District Judge.

In this diversity action the defendant, Chesapeake and Ohio Railway Company (hereinafter referred to as C & O) has filed a motion to dismiss the complaint and for summary judgment in its favor. It assigns three reasons:

1. This Court lacks jurisdiction over the C & O.

2. This Court lacks venue under 28 U.S.C.A. § 1391 because plaintiff, Joseph Norman Fannin, is admittedly a citizen of Kentucky and plaintiff, Bituminous...

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