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CITY OF NEW YORK v. PATTON

No. 74 Civ. 1026.

390 F.Supp. 1001 (1975)

The CITY OF NEW YORK, Plaintiff, v. Thomas F. PATTON et al., Defendants. Thomas F. PATTON and Ralph S. Tyler, Jr., Trustees of the property of Erie Lackawanna Railway Company, Defendants and Third-Party Plaintiffs, v. ACME FAST FREIGHT, INC., Third-Party Defendant.

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

April 3, 1975.

Attorney(s) appearing for the Case

W. Bernard Richland, New York City, Corp. Counsel, for plaintiff City of New York; by Judah Dick, New York City, of counsel.

Hart & Hume, New York City, for defendant St. Paul Fire and Marine Ins. Co.; by Lewis Stockman, New York City, of counsel.

Alexander & Green, New York City, for defendants and third-party plaintiffs Thomas F. Patton and Ralph S. Tyler, Jr., Trustees of Erie Lackawanna Railway Co.; by Donald M. Dunn, Donald B. Ferens, New York City, of counsel.

Breed, Abbott & Morgan, New York City, for third-party defendant Acme Fast Freight, Inc.; by James D. Zirin, New York City, of counsel.

MEMORANDUM DECISION

WERKER, District Judge.

A motion has been made by defendants Thomas F. Patton and Ralph S. Tyler, Jr., Trustees of the property of Erie Lackawanna Railway Company, Debtor (Erie) for an order under Rule 12(h)(3) of the Federal Rules of Civil Procedure dismissing the complaint and the cross claims of defendant St. Paul Fire and Marine Insurance Company (St. Paul) against defendant Trustees on the grounds (a) that this court lacks jurisdiction...

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