BECKLEY v. ERIE RAILROAD CO.

Civil Actions Nos. 24343, 24855, Bankruptcy No. 45839.

76 F.Supp. 635 (1948)

BECKLEY v. ERIE RAILROAD CO. DURYEE v. ERIE R. CO. In re ERIE R. CO.

District Court, N. D. Ohio, E. D.

March 15, 1948.


Attorney(s) appearing for the Case

Robert H. Jamison, of Cleveland, and Raymond L. Wise, of New York City, for plaintiff.

M. C. Smith, Jr., T. H. Burgess, Robert M. Weh, John A. Hadden and John S. Beard, all of Cleveland, Ohio, for defendant.

No. 24855:

Eugene B. Schwartz and Frederick W. Frey, both of Cleveland, Ohio, and Walter T. Margetts, Jr., and Richard Buell, both of New York City, for plaintiff.

T. H. Burgess, Robert M. Weh and M. C. Smith, Jr., all of Cleveland, Ohio, for defendant.

No. 45839:

Ralph W. Chandless, of Hackensack, N. J., and Stephen H. Hazelwood, of Cleveland, Ohio, for Charles Massie, representing intervening bondholders.


WILKIN, District Judge.

These three cases came on for hearing on the motions of Erie Railroad Company to the Complaints in the first two cases, Nos. 24343 and 24855, for an order of dismissal and summary judgment or, in the alternative, an order specifying the facts that appear without substantial controversy and directing such further proceedings as might be just. The petition in the third case, No. 45839 In Bankruptcy, prays for an order declaring that Order No...

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