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CUNNINGHAM v. ERIE RAILROAD COMPANY

243 F.Supp. 571 (1965)

Samuel CUNNINGHAM, Plaintiff, v. ERIE RAILROAD COMPANY and the United Railroad Workers of America, Inc., C.I.O., Local 1463, Defendants.

United States District Court S. D. New York.

July 1, 1965.

Attorney(s) appearing for the Case

Jerome T. Orans, 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.

O'Donnell & Schwartz, New York City, by John F. O'Donnell, Walter N. Kaufman, New York City, of counsel, for defendant United Railroad Workers of America, Inc., C.I.O., Local 1463.

BONSAL, District Judge.

On October 10, 1955 plaintiff filed in this court his homemade complaint, naming as defendants Erie Railroad Company (Railroad) and The United Railroad Workers of America, Inc., C.I.O., Local 1463 (Union). The action was tried before Judge Murphy without a jury, and on May 23, 1956 he handed down his opinion and order dismissing the complaint for lack of jurisdiction. Plaintiff appealed, and the issue of jurisdiction was argued in the Court...

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