GIOIA v. CLYDE S. S. CO.


3 F.2d 822 (1924)

GIOIA v. CLYDE S. S. CO.

District Court, E. D. New York.

December 20, 1924.


Attorney(s) appearing for the Case

Charles E. Miller, of New York City, for Central R. Co. of New Jersey.

Herbert N. Warbasse, of Brooklyn, N. Y., for plaintiff.

Cleland R. Neal, of New York City (Henry V. Stebbins, of Piermont, N. Y., of counsel), for defendant.


GARVIN, District Judge.

This is a motion for an order vacating an order heretofore made by this court, which granted leave to plaintiff to issue and serve a supplemental summons and amended complaint upon the Central Railroad Company of New Jersey, and setting aside the service of supplemental summons and amended complaint thereunder. It is claimed by said company:

(1) That plaintiff has failed to consent, within 10 days after the entry of such order, to the...

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