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D. L. FLACK & SON v. WEST VIRGINIA COAL CO.

46 F.2d 177 (1931)

D. L. FLACK & SON, Inc., v. WEST VIRGINIA COAL CO.

District Court, S. D. New York.

January 3, 1931.

Attorney(s) appearing for the Case

Marshall, Wehle & Hinckley, of New York City (Harold Harper, of New York City, of counsel), for plaintiff.

Crowell & Rouse, of New York City (J. Dexter Crowell and E. Curtis Rouse, both of New York City, of counsel), for defendant.

WOOLSEY, District Judge.

This motion is denied.

I have felt that I was bound to deny this motion under the authority of the Circuit Court of Appeals for this circuit in Zadig v. Aetna Insurance Co., 42 F.2d 142, 143, and the subsequent expression of views by Judge Coxe after the remand of the above-named case to this court. See Opinion in Zadig v. Ætna Insurance Co., L. 38 — 168, 46 F.2d 356

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