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LANSING B. WARNER, INC. v. LEHIGH VALLEY R. CO.

No. 223.

75 F.2d 483 (1935)

LANSING B. WARNER, Inc., v. LEHIGH VALLEY R. CO.

Circuit Court of Appeals, Second Circuit.

February 4, 1935.

Attorney(s) appearing for the Case

John M. Zane, of Chicago, Ill., and J. Sawyer Fitch, of Rochester, N. Y. (Zane, Morse, Zimmerman & Norman, Edward A. Zimmerman, and Craig R. Johnson, all of Chicago, Ill., of counsel), for appellant.

Moser & Reif, of Rochester, N. Y. (Clarence P. Moser and Lathrop D. Marsland, both of Rochester, N. Y., of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

PER CURIAM.

The plaintiff, an insurer which had paid the loss, sued the defendant in the state court for the insured's loss by fire due to the defendant's faulty construction and management of its locomotives. The defendant removed the cause to the District Court for the Western District of New York, and answered. The plaintiff thereupon filed a bill for discovery with fifty-three interrogatories attached. The defendant answered the bill, and a trial was had, after...

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