Long Island Railroad v. Delaware, Lackawanna & Western Railroad
District Court, E.D. New York
1Opinion of the Court
BYERS, District Judge.
There are before the court in this case in which the complaint was filed on. June 15, 1956, a motion by plaintiff for a preliminary injunction pending trial of the issues tendered, and cross • motions by defendants The Delaware, Lackawanna & Western R. Co. (D. L. & W.) and The New York, Chicago and St. Louis R. Co. (Nickel Plate) and Erie R. Co. (Erie), to dismiss the complaint under Fed.RuIes Civ.Proc. rule 12(b), 28 U.S.C.A. for lack of jurisdiction over the subject matter, and for failure to state a claim, etc.
These motions were heard on June 20th and all briefs were…
2Cases cited6 opinions
- Texas & Pac. Ry. v. Gulf, Etc., Ry.Supreme Court of the United States · 1926
- Powell v. United StatesSupreme Court of the United States · 1937
- Allen v. Galveston Truck Line Corp.Supreme Court of the United States · 1933
- Long Island Rail Road Company v. United StatesDistrict Court, E.D. New York · 1956
- New York Dock Ry. v. Pennsylvania R. Co.Court of Appeals for the Third Circuit · 1933
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3Cited by2 opinions
- Long Island Rail Road v. New York Central RailroadDistrict Court, E.D. New York · 1960
- Long Island Rail Road v. Delaware, Lackawanna & Western RailroadDistrict Court, E.D. New York · 1960