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PICKTHALL v. ANACONDA COPPER MIN. CO.

73 F.Supp. 694 (1947)

PICKTHALL v. ANACONDA COPPER MIN. CO. et al.

District Court, S. D. New York.

October 3, 1947.

Attorney(s) appearing for the Case

Gerald F. Finley and Arnold B. Elkind, both of New York City, for plaintiff.

Chadbourne, Wallace, Parke & Whiteside, of New York City (Horace G. Hitchcock, of New York City, of counsel), for defendant Butte, A. & P. Ry. Co.

MEDINA, District Judge.

Defendant Butte, Anaconda and Pacific Railway Company by its attorneys appearing specially and solely for the purpose of the motion, moves to set aside the service of process and to dismiss the complaint. As the action arises under the Employers' Liability Act of the United States, 45 U.S.C.A. § 51 et seq., the motion is framed in the familiar double aspect. It attacks the jurisdiction of the court over the person of the defendant and...

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