PENNSYLVANIA RAILROAD COMPANY v. McARDLE

No. 12675.

258 F.2d 945 (1958)

The PENNSYLVANIA RAILROAD COMPANY, a Corporation; Union Railroad Company, a Corporation; The Monongahela Connecting Railroad Company, a Corporation; Aliquippa and Southern Railroad Company, a Corporation; The Pittsburgh and Lake Erie Railroad Company, a Corporation; and The Monongahela Railway Company, a Corporation, Appellants, v. James P. McARDLE, Russell C. Price, Raymond P. Stanley, John B. DeFazio, Larry T. Lester, Raymond C. Moore, J. F. Churchey, Michael Ditka, Mario V. Magliocchetti, Roy Schoenholtz, James McManus, Tom Dermott, Jane Doe, Harry Roe and Paul Poe.

United States Court of Appeals Third Circuit.

Decided October 1, 1958.


Attorney(s) appearing for the Case

John A. Robb, Pittsburgh, Pa., for appellants.

Mahlon E. Lewis, Pittsburgh, Pa., for appellees.

Before GOODRICH, STALEY and HASTIE, Circuit Judges.


PER CURIAM.

The appellants appeal from an order made by a judge of the District Court for the Western District of Pennsylvania dismissing, with prejudice, an action brought by the Pennsylvania and the other railroads. The defendants have moved to dismiss the appeal.

The court is of the opinion that the appeal should be dismissed. It appears that the parties were in two lawsuits in the district court and that pursuant to a conference between their lawyers it...

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