JOHNSON v. NEW YORK, O. & W. RY. CO.

No. 4419.

3 F.Supp. 80 (1931)

JOHNSON v. NEW YORK, O. & W. RY. CO.

District Court, E. D. New York.

January 19, 1931.


Attorney(s) appearing for the Case

Alfred T. Rowe, of New York City, for plaintiff.

Watts, Oakes & Bright, of Middletown, N. Y., for defendant.


CAMPBELL, District Judge.

This is a motion made, on the return of an order to show cause, for an order:

(1) Setting aside the service of the summons and complaint in this action and dismissing this action upon the ground that this court has no jurisdiction hereof; or

(2) Dismissing the complaint upon the ground that there is another action pending in the United States District Court for the Southern District of New York for the same relief and between...

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