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SCANAPICO v. RICHMOND, FREDERICKSBURG & POTOMAC R. CO.

No. 633, Docket 34256.

439 F.2d 17 (1970)

Mary SCANAPICO, Plaintiff-Appellee, v. RICHMOND, FREDERICKSBURG & POTOMAC RAILROAD COMPANY, Defendant-Appellant, and Seaboard Air Line Railroad Company and Atlantic Coast Line Railroad Company, Defendants.

United States Court of Appeals, Second Circuit.

Decided July 16, 1970.

On Rehearing December 18, 1970.

Attorney(s) appearing for the Case

William M. Kimball, New York City (Burlingham, Underwood, Wright, White & Lord, New York City, on the brief), for defendant-appellant.

Dominic J. Lodato, Brooklyn (Hauptman & Lodato, Brooklyn, on the brief), for plaintiff-appellee.

Before LUMBARD and HAYS, Circuit Judges, and BLUMENFELD, District Judge.

On Rehearing In Banc December 18, 1970.

HAYS, Circuit Judge:

This is an appeal from an order of the United States District Court for the Eastern District of New York denying defendant's motion to quash the service of summons. It is here by permission of this court, granted upon the statement of the district judge under 28 U. S.C. § 1292(b) (1964) that the order

"[i]nvolves a controlling question of law as to which there is substantial ground...

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