TRUSH v. GREAT LAKES TRANSIT CORPORATION

No. 548.

42 F.Supp. 65 (1941)

TRUSH v. GREAT LAKES TRANSIT CORPORATION.

District Court, W. D. New York.

October 13, 1941.


Attorney(s) appearing for the Case

S. Eldridge Sampliner, of Cleveland, Ohio, for plaintiff.

Russell V. Bleecker, of Cleveland, Ohio, for defendant.


KNIGHT, District Judge.

Defendant moves to dismiss this action on the ground of laches on the part of the plaintiff. First, on the ground of laches in bringing the action, and secondly, on the ground of laches in filing his amended complaint as directed and in disregard of the rules of the court.

The first argument of defendant can be disposed of summarily as plaintiff is entitled to bring his action at any time, and, if action is brought after more than two...

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