ROGERS v. FURNESS, WITHY & CO.

Civ. A. No. 4922.

103 F.Supp. 314 (1951)

ROGERS v. FURNESS, WITHY & CO., Limited.

United States District Court W. D. New York.

November 13, 1951.


Attorney(s) appearing for the Case

Hamilton Doherty, Buffalo, for plaintiff.

Kenefick, Bass, Letchworth, Baldy & Phillips, Buffalo, for defendant.


KNIGHT, Chief Judge.

Defendant has moved for summary judgment under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A., upon the ground that plaintiff failed to commence this action within the time limitation provided by the contract ticket made between the parties.

From the deposition of plaintiff taken by defendant it appears that plaintiff in March, 1950, was a high school teacher; that she took a leave of absence for one month, commencing on...

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