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HURST v. STONE & WEBSTER SERVICE CORPORATION

140 F.Supp. 857 (1956)

Lee E. HURST, Plaintiff, v. STONE & WEBSTER SERVICE CORPORATION, Defendant.

United States District Court S. D. New York.

May 4, 1956.

Attorney(s) appearing for the Case

Jackson, Nash, Brophy, Barringer & Brooks, New York City, for plaintiff.

Hale & Dorr, Boston, Mass., Mudge, Stern, Baldwin & Todd, New York City (James D. St. Clair, Boston, Mass., of counsel), for defendant.

THOMAS F. MURPHY, District Judge.

Over two years ago the defendant moved for summary judgment in this action originally commenced in the District of Massachusetts and removed here pursuant to 1404(a) of Title 28. The motion was not heard until April 26, 1956, because lengthy depositions were being taken in the interim to be used on this motion.

The action is based on diverse citizenship, the plaintiff being a citizen of North Carolina, the defendant a New...

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