Tucker v. Reading Co.

MEMORANDUM AND ORDER

JOHN W. LORD, Jr., District Judge.

Counsel for the third-party defendant have argued to this Court that we are without jurisdiction to hear Reading Company’s case against it because a clerk in the docketing office may have marked the case closed. It is to dispose of this dilatory suggestion that this, the third opinion 1 in this matter, must be written.

Melvin Tucker’s original action against the Reading Company, brought under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., was settled out of court. An order dismissing the case was stipulated to by those…