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HEISTER v. LEHIGH & N. E. R. CO.

50 F.2d 928 (1931)

HEISTER v. LEHIGH & N. E. R. CO.

District Court, S. D. New York.

June 27, 1931.

Attorney(s) appearing for the Case

Thomas J. O'Neill, of New York City (Charles D. Lewis, of White Plains, N. Y., of counsel), for plaintiff.

Wellman, Smyth & Scofield, of New York City (Herbert C. Smyth, Jr., of New York City, of counsel), for defendant.

WOOLSEY, District Judge.

I grant the motion of the plaintiff in so far as it asks for an order directing the defendant to serve a bill of particulars as to the basis of its affirmative defenses of contributory negligence and assumption of risk, and I also grant the stay asked for as the fourth relief sought.

I deny the motion for dedimus potestatem and for an order for the taking of depositions of the witnesses named.

I am, however, granting the plaintiff...

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