Di Filippo v. Pennsylvania R.

BYERS, District Judge.

This is a motion by defendant to compel a nonresident plaintiff to file security for costs; it is opposed because the action is under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., and the Safety Appliance Act, 45 U.S.C.A. § 1 et seq. Section 6 of the former provides that such an *731action may be brought in a District Court of the United States in the district of the defendant’s residence, or where the cause arose, or where the defendant shall be doing business.

Local Rule 45 is relied upon by the defendant. That provides in substance that, in the absence of…