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RIESER v. BALTIMORE & O. R. CO.

123 F.Supp. 44 (1954)

RIESER et al. v. BALTIMORE & O. R. CO.

United States District Court S. D. New York.

June 30, 1954.

Attorney(s) appearing for the Case

Louis Boehm and Nathan B. Kogan, New York City (Louis Boehm, Victor House, Spencer Pinkham, New York City, of counsel), for plaintiffs.

Louis H. O. Fischman, New York City, for intervening plaintiffs.

Cravath, Swaine & Moore, New York City (Ralph L. McAfee, George M. Billings, Edward C. Perkins, New York City, of counsel), for defendant.

MURPHY, District Judge.

This is a motion made by defendant, The Baltimore and Ohio Railroad Company, for summary judgment pursuant to Rule 56(b), Federal Rules of Civil Procedure, 28 U.S.C.A., dismissing the consolidated amended complaint. The motion is made upon the ground that the complaint, and all the claims alleged in it, are barred either by the New York statute of limitations of three years1 or six years.2

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