Sutherland v. New York & Baltimore Transportation Lines

KNOX, District Judge.

Plaintiffs move, pursuant to Rule 56, Federal Rules of Civil Procedure, 28 U.S. C.A. following section 723c, for summary judgment in their favor upon each of the two claims set forth in their complaint. By cross-motion, defendant seeks similar relief as respects the first claim and stands mute as to the second.

In the first cause of action, plaintiffs allege that, on January 23, 1936, defendant retained them to perform legal services in its behalf, in the way of prosecuting and collecting of a claim that defendant asserted against the United States. For work thus to be…