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COLE v. AMERICAN PRESIDENT LINES

156 F.Supp. 334 (1957)

Samuel M. COLE, as Executor of the Estate of James Larkin, deceased, Plaintiff, v. AMERICAN PRESIDENT LINES, Ltd., and Erie Railroad Company, Defendants.

United States District Court S. D. New York.

November 1, 1957.

Attorney(s) appearing for the Case

Jacob Rassner, New York City, for plaintiff.

Davis, Polk, Wardwell, Sunderland & Kiendl, for defendant Erie Railroad Co.

LEVET, District Judge.

This is a motion by defendant Erie Railroad Company (hereinafter called Erie) for summary judgment, pursuant to Rule 56(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. to dismiss the amended complaint on the ground that there is no genuine issue as to any material fact and that it is entitled to a judgment as a matter of law.

Plaintiff, James Larkin, now deceased, having been a resident...

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