CITY OF NEW YORK v. DAVIS

No. 304.

7 F.2d 566 (1925)

CITY OF NEW YORK v. DAVIS, Director General of Railroads.

Circuit Court of Appeals, Second Circuit.

April 20, 1925.


Attorney(s) appearing for the Case

George P. Nicholson, Corp. Counsel, of New York City (Alex I. Hahn and Joseph A. Devery, both of New York City, of counsel), for plaintiff in error.

Charles M. Sheafe, Jr., of New York City (William L. Barnett and Edward R. Brumley, both of New York City, of counsel), for defendant in error.

Before ROGERS, HOUGH, and HAND, Circuit Judges.


ROGERS, Circuit Judge (after stating the facts as above).

This action was begun in October, 1920. At that time the Director General of Railroads, an official whose office was established during the World War and by the act of 1918 (Comp. St. 1918, Comp. St. Ann. Supp. 1919, §§ 3115¾a-3115¾p), was still in charge of the railroads of the United States, and consequently of the New Haven Road. This suit was therefore brought in his name. It appears...

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