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NEW YORK, SUSQUEHANNA & WESTERN R. CO. v. FOLLMER

No. 12398.

254 F.2d 510 (1958)

NEW YORK, SUSQUEHANNA & WESTERN RAILROAD COMPANY, Petitioner, v. Hon. Frederick V. FOLLMER, United States District Judge for the Middle District of Pennsylvania (Reading Company, Intervenor).

United States Court of Appeals Third Circuit.

Decided April 24, 1958.

Attorney(s) appearing for the Case

Leon Leighton, New York City, for petitioner.

Arthur Littleton and Alfred W. Hesse, Jr., Philadelphia, Pa. (J. Wesley Oler and William I. Woodcock, Jr., Philadelphia, Pa., on the brief), for respondent and intervenor.

Before GOODRICH, McLAUGHLIN and HASTIE, Circuit Judges.

GOODRICH, Circuit Judge.

This is a petition for a writ of mandamus to be directed to the Honorable Frederick V. Follmer, United States District Judge for the Middle District of Pennsylvania. It arises out of an action brought by the New York, Susquehanna and Western Railroad against the Reading Company. In that suit federal jurisdiction is alleged by virtue of diversity of citizenship. The dispute between the parties has to do with the division of receipts from joint...

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