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MOSS v. ATLANTIC COAST LINE R. CO.

67 F.Supp. 38 (1946)

MOSS v. ATLANTIC COAST LINE R. CO.

District Court, S. D. New York.

April 26, 1946.

Attorney(s) appearing for the Case

Albert Blumenstiel, of New York City, for plaintiff.

Stewart & Shearer, of New York City (James J. Mennis, of New York City, of counsel), for defendant.

MANDELBAUM, District Judge.

Defendant moves for an order under Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, dismissing the complaint herein, upon the following grounds: (1) improper venue, (2) the Circuit Court of Appeals for this Circuit has decided the question of venue adversely to plaintiff and the same is now res judicata, (3) retention by this court of jurisdiction of the suit would constitute an undue burden on interstate...

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