International Coal Mining Co. v. Pennsylvania R.

HOLLAND, District Judge.

The reasons for the motion to strike chis case from the April trial list are the same as those raised by the demurrer, decided against defendant, in an opinion filed March 4, 1907. 152 P'ecl. 551. We have, however, permitted a reargument of the whole question, and after a patient re-examination of the questions raised, taking into consideration the new matters introduced, we still think the conclusion reached on the demurrer is just and sound, and that the rule to strike the case from the trial list must be dismissed. If the claim in suit be not included in the…