STEVENSON v. ERIE R. CO.


80 F.Supp. 393 (1948)

STEVENSON v. ERIE R. CO.

United States District Court S. D. New York.

June 11, 1948.


Attorney(s) appearing for the Case

Gerald F. Finley, of New York City, for plaintiff.

Davis, Polk, Wardwell, Sunderland & Kiendl, of New York City (William H. Timbers and Cleveland C. Cory, both of New York City, of counsel), for defendant.


COXE, District Judge.

This is a motion by the defendant (1) for summary judgment dismissing the action, or, in the alternative, (2) for a stay of proceedings pending the determination of an identical action between the same parties in the Eastern District of New York.

The action was commenced on January 27, 1947, and is brought under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., for damages for personal injuries alleged to have been...

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