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MILLS v. LONG ISLAND RAIL ROAD COMPANY

No. 800, Docket 74-2559.

515 F.2d 181 (1975)

Raymond MILLS, Plaintiff-Appellant, and Harry F. Simmons, Plaintiff, v. The LONG ISLAND RAIL ROAD COMPANY et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 17, 1975.

Attorney(s) appearing for the Case

Joseph P. Napoli, New York City, for plaintiff-appellant.

Richard H. Stokes, Jamaica, N. Y. (George M. Onken, Brian J. Barrett, Jamaica, N. Y., of counsel), for defendant-appellee, Long Island Rail Road.

Thomas J. Higgins, Roslyn Heights, N. Y. (Edward T. Brown, Smithtown, N. Y., of counsel), for defendant-appellee, United Transp. Union.

Before MULLIGAN and TIMBERS, Circuit Judges, and THOMSEN, Senior District Judge.

MULLIGAN, Circuit Judge:

This is an appeal from an order dated November 1, 1974 of the United States District Court, Eastern District of New York, Hon. Orrin G. Judd, District Judge, denying the plaintiffs' motion to remand the case to the state court, granting the defendants' motion for summary judgment and directing judgment to dismiss the complaint. The pertinent facts are fully set forth in the memorandum opinion of Judge Judd dated October 30, 1974, not...

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