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LEIGHTON v. NEW YORK, SUSQUEHANNA AND WESTERN R. CO.

No. 61 Civ. 673.

306 F.Supp. 513 (1969)

Leon LEIGHTON, Plaintiff, v. NEW YORK, SUSQUEHANNA AND WESTERN RAILROAD COMPANY, Defendant.

United States District Court S. D. New York, Civil Division.

September 30, 1969.

Attorney(s) appearing for the Case

Sylvester, Harris & Burstein, New York City, for plaintiff.

Saxe, Bacon & Bolan, New York City, for defendant.

MEMORANDUM AND ORDER

LASKER, District Judge.

The defendant moves for a certification by the District Court allowing an appeal from this court's order filed September 5, 1969, under the provisions of 28 U.S.C. § 1292(b), which reads as follows:

"(b) When a district judge, in making in a civil action an order not otherwise appealable under this section, shall be of the opinion that such order involves a controlling question of law as to which...

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