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GLENS FALLS PORTLAND C. CO. v. DELAWARE & HUDSON CO.

55 F.2d 971 (1932)

GLENS FALLS PORTLAND CEMENT CO. v. DELAWARE & HUDSON CO. et al.

District Court, S. D. New York.

February 8, 1932.

Attorney(s) appearing for the Case

Cohen, Gutman & Richter, of New York City (Kenneth Dayton, of New York City, Frederick J. Brown, of Washington, D. C., and Burton A. Zorn and George H. Kenny, both of New York City, of counsel), for the motions.

Nathan Probst, Jr., of New York City, for defendant Delaware & Hudson Co.

H. T. Newcomb, of New York City, for other defendants.

WOOLSEY, District Judge.

I deny the plaintiff's motions in so far as they ask for judgment against the New York, New Haven & Hartford Railroad Company on the pleadings; in all other respects the motions are granted.

I. This action was brought to enforce a reparation order, dated August 14, 1930, of the Interstate Commerce Commission, hereinafter called the Commission, allowing a recovery to the petitioner in the sum of $12,588.63, with interest, against...

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