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ABBE v. NEW YORK, N. H. & H. R. CO.

No. 44, Docket 21066.

171 F.2d 387 (1948)

ABBE v. NEW YORK, N. H. & H. R. CO.

United States Court of Appeals Second Circuit.

November 30, 1948.

Attorney(s) appearing for the Case

Irving Payson Zinbarg, of New York City (Jacob Zane Hoffman, of New York City, of counsel), for plaintiff-appellant.

Edward R. Brumley, of New York City (Robert M. Peet, of New York City, of counsel), for defendant-appellee.

Before L. HAND, Chief Judge, and SWAN and CHASE, Circuit Judges.

PER CURIAM.

A passenger on the New York, New Haven and Hartford Railroad was hurt when attempting to alight from one of its trains and sued the railroad in a New York state court to recover damages for injuries then sustained. On motion by the defendant the cause was, on May 12, 1948, removed to the District Court for the Southern District of New York.

On May 15, 1948, the defendant filed its answer in the district court. Opposing affidavits in the record...

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