W. E. HEDGER TRANSP. CORP. v. IRA S. BUSHEY & SONS

Civ. 10473.

92 F.Supp. 112 (1950)

W. E. HEDGER TRANSP. CORPORATION v. IRA S. BUSHEY & SONS, Inc.

United States District Court, E. D. New York.

June 8, 1950.


Attorney(s) appearing for the Case

Foley & Martin, New York City (Christopher E. Heckman, New York City, of counsel), for defendant, for the motion.

Horace M. Gray, New York City, for plaintiff, in opposition.


KENNEDY, District Judge.

The defendant moves to dismiss the complaint on the ground of want of jurisdiction or, in the alternative, for an order transferring the proceeding to the admiralty side of the court. A further ground for dismissal is that the issues tendered by the complaint have been adjudicated by prior judgments and orders of this court. The motion is supported by affidavits reciting the prior proceedings litigated in this court between the same parties...

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