FLEMING v. HUSTED

Civil Action No. 620.

68 F.Supp. 900 (1946)

FLEMING et al. v. HUSTED.

District Court, S. D. Iowa, Central Division.

June 3, 1946.


Attorney(s) appearing for the Case

A. B. Howland, of Gamble, Read & Howland, all of Des Moines, Iowa, for plaintiff.

Ernest Michel, of Davis, Michel, Yeager & McGinley, all of Minneapolis, Minn., and Walter F. Maley, of Des Moines, Iowa, for defendant.


DEWEY, District Judge.

It seems to me that the motion to dismiss the action should be sustained on the ground that the contract entered into by the defendant in this case, wherein he attempts to limit the venue of the Courts under the Federal Employers' Liability Act is void under the terms of the Act itself. I realize that there are decisions of very high and very reputable authority to the contrary; but it seems to me we have a very limited question for decision...

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