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INTERBOROUGH RAPID TRANSIT CO. v. GILCHRIST

25 F.2d 164 (1928)

INTERBOROUGH RAPID TRANSIT CO. v. GILCHRIST et al.

District Court, S. D. New York.

March 15, 1928.

Attorney(s) appearing for the Case

William L. Ransom, Jacob H. Goetz, and James L. Quackenbush, all of New York City, for the motion.

Samuel Untermyer, of New York City (Clarence M. Lewis, George P. Nicholson, M. Maldwin Fertig, George H. Stover, and J. A. Devery, all of New York City, on the brief), opposed.

BONDY, District Judge.

This is an application by the plaintiff, the Interborough Rapid Transit Company, in an ancillary action, for an order enjoining the defendants the city of New York and the members of the Transit Commission from prosecuting two actions and a special proceeding against the plaintiff in the state courts.

On February 14, 1928, at 9:20 o'clock in the morning, the Interborough Rapid Transit Company filed a bill in the office of the clerk of...

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