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DUQUESNE WAREHOUSE CO. v. RAILROAD RETIREMENT BD.

56 F.Supp. 87 (1944)

DUQUESNE WAREHOUSE CO. v. RAILROAD RETIREMENT BOARD.

District Court, S. D. New York.

February 29, 1944.

Attorney(s) appearing for the Case

Burlingham, Veeder Clark & Hupper, of New York City (George R. Allen, of Philadelphia, Pa., and Ray Rood Allen and Herbert Mayhew Lord, both of New York City, of counsel), for plaintiff.

Joseph H. Freehill, of Chicago, Ill., for defendant.

Samuel J. Cohen, of New York City, and Frank L. Mulholland, Clarence M. Mulholland, and Willard H. McEwen, all of Toledo, Ohio, for Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employees.

GODDARD, District Judge.

The plaintiff and defendant have moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. The suit is brought by the plaintiff pursuant to Section 11 of the Railroad Retirement Act, 45 U.S.C.A. § 228k, for a review of the Administrative Board's determination that the Duquesne Warehouse Company [hereinafter referred to as Duquesne] is an "employer" within Section 1(a)

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