MEYER v. KANSAS CITY SOUTHERN RY. CO.


11 F.Supp. 937 (1935)

MEYER et al. v. KANSAS CITY SOUTHERN RY. CO. et al.

District Court, S. D. New York.

September 6, 1935.


Attorney(s) appearing for the Case

Samuel Moore, of New York City, for defendants Kansas City Southern Ry. Co. and others.

Marcus L. Bell, of New York City, for defendants Hayden and others.

George L. Buland, Ben C. Dey, and Charles L. Minor, all of New York City, for defendant Southern Pacific Co. and others.

Cullen & Dykman, of Brooklyn, N. Y. (J. A. Dykman and Jules Haberman, both of Brooklyn, N. Y., of counsel), for defendants Bailey and others.

Pierce & Greer, of New York City (F. C. Nicodemus, Jr., H. C. Campbell, and C. S. Hadley, all of New York City, and A. H. Kiskaddon, of St. Louis, Mo., of counsel), for defendants St. Louis Southwestern Ry. Co. and others.

Hines, Rearick, Dorr & Hammond, of New York City (A. C. Rearick and Paul Smith, both of New York City, of counsel), for defendants Missouri-Kansas-Texas R. Co. and others.

Van Vorst, Siegel & Smith, of New York City (Alexander B. Siegel, of New York City, of counsel), for defendants Rosenthal and others.

Cravath, deGersdorff, Swaine & Wood, of New York City (Frederick H. Wood, Carl A. deGersdorff, and Littleton Groom, all of New York City, of counsel), for defendants Felix M. Warburg and others.

Bruce R. Duncan, of Brooklyn, N. Y., for defendant Arthur H. Waterman.

Clarence G. Bernheimer, of New York City, for defendant Bing.

Walter E. Meyer, of New York City, pro se (Leo M. Drachsler and Leon Ulman, both of New York City, of counsel), for intervening plaintiffs.


WOOLSEY, District Judge.

My decision in this cause is that there must be a final decree dismissing without costs the bill of complaint herein on the ground that this court is without subject-matter jurisdiction of the controversy therein set forth.

I. As this is a court of limited jurisdiction, the first matter always to be decided in respect of any action or suit is whether the court has subject-matter jurisdiction thereof. Questions of venue, of jurisdiction...

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