Tague v. Delaware, L. & W. R.
District Court, E.D. New York
1Opinion of the Court
KENNEDY, District Judge.
On March 26, 1946, I filed a decision, D.C., 5 F.R.D. 323, that there should be a separate trial of the issues raised by the answer concerning plaintiff’s agreement to litigate this case nowhere but in the courts of Pennsylvania. Plaintiff, as I indicated, takes the position that he signed this paper on the basis o'f a fraudulent representation by defendant’s agents that it was a mere receipt.
The parties now submit cross orders: plaintiff’s order provides for the trial of the separate issue to a jury; defendant’s proposed order provides for a trial to the court.
In…
2Cases cited7 opinions
- Union Pacific Railway Co. v. HarrisSupreme Court of the United States · 1895
- Union Pac. R. v. SyasCourt of Appeals for the Eighth Circuit · 1917
- Radio Corp. of America v. Raytheon Mfg. Co.Supreme Court of the United States · 1935
- Ross v. Service Lines, Inc.District Court, E.D. Illinois · 1940
- Beagle v. Northern Pac. Ry. Co.District Court, W.D. Washington · 1940
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3Cited by4 opinions
- Canning v. Star Publishing Co.District Court, D. Delaware · 1956
- Gaddy v. Louisville & Nashville RailroadCourt of Appeals for the Sixth Circuit · 1967
- Chavez v. MoralesDistrict Court, D. New Mexico · 2020
- Gaddy v. Louisville & Nashville Railroad Co.Court of Appeals for the Sixth Circuit · 1967