WESTERN UNION TELEGRAPH CO. v. TOMPA

No. 428.

51 F.2d 1032 (1931)

WESTERN UNION TELEGRAPH CO. v. TOMPA.

Circuit Court of Appeals, Second Circuit.

Decided July 17, 1931.


Attorney(s) appearing for the Case

Francis R. Stark, of New York City (Denis O'L. Cohalan, of New York City, of counsel), for appellant.

Kremer & Leavitt, of New York City (Samuel Leavitt, of New York City, of counsel), for appellee.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


CHASE, Circuit Judge.

At the time this suit was brought, the defendant was not a citizen of the United States. The plaintiff was a New York corporation with its principal place of business in that state. It is undisputed that the jurisdictional amount is involved.

The plaintiff employed the defendant to work as a cook on its work trains. While so employed on a train operated over the right of way of the New York Central Railroad Company in the state of New...

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