Legal Opinion

Glus v. Brooklyn Eastern District Terminal

District Court, S.D. New York

Decided September 25, 1957PublishedCited by 6 opinions

1Opinion of the Court

FREDERICK van PELT BRYAN, District Judge.

This is an action under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., to recover damages for an industrial disease allegedly contracted by plaintiff in 1952 as a result of working under unsafe conditions while employed by the defendant.

Defendant now moves to dismiss the complaint under Rule 12(b) (6), Fed. Rules Civ.Proc., 28 U.S.C., on the ground that it appears from the face of the complaint that the action has not been timely brought.

The statute of limitations may be raised on a motion to dismiss the complaint where it appears from…

2Cases cited25 opinions

  1. The HarrisburgSupreme Court of the United States · 1886
  2. Central Vermont Railway Co. v. WhiteSupreme Court of the United States · 1915
  3. South Buffalo Railway Co. v. AhernSupreme Court of the United States · 1953
  4. Osbourne v. United StatesCourt of Appeals for the Second Circuit · 1947
  5. Claim of Ahern v. South Buffalo Railway Co.New York Court of Appeals · 1952

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3Cited by6 opinions

  1. Glus v. Brooklyn Eastern District TerminalSupreme Court of the United States · 1959
  2. Chandlee v. ShockleyCourt of Appeals of Maryland · 1959
  3. Quigley v. Hawthorne Lumber Co.District Court, S.D. New York · 1967
  4. Michael Glus v. Brooklyn Eastern District TerminalCourt of Appeals for the Second Circuit · 1958
  5. Chandlee v. ShockleyCourt of Appeals of Maryland · 1959

1 more not listed; retrieve them via the Exa API.

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