BRADY v. PENN CENTRAL TRANSP. CO.

No. 73 Civ. 3317.

406 F.Supp. 1239 (1975)

Theodore R. BRADY and William J. Lebeck, Plaintiffs, v. PENN CENTRAL TRANSPORTATION COMPANY, Defendant.

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

December 1, 1975.


Attorney(s) appearing for the Case

Bromsen, Gammerman, Altier & Wayne, New York City, for plaintiffs; Ira Gammerman, New York City, of counsel.

Robert M. Peet, New York City, for defendant; Henry W. Herbert, New York City, of counsel.


MEMORANDUM AND ORDER

LEVET, District Judge.

The above entitled action is a suit under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq., for false arrest and malicious prosecution. The plaintiffs were employees of the defendant at the time of their arrest on September 6, 1970.

The defendant moves this court for an order dismissing plaintiffs' complaint and/or for summary judgment on the ground that the plaintiffs' complaint fails...

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