Legal Opinion
Soanes v. Baltimore & Ohio Railroad
District Court, E.D. New York
Decided February 24, 1981No. 78 C 1367PublishedCited by 5 opinions
1Opinion of the Court
BRAMWELL, District Judge.
Pursuant to Rule 12(f) of the Federal Rules of Civil Procedure, the plaintiffs have moved to strike the affirmative defense of the defendants, Baltimore & Ohio Railroad Company, Inc. (B&O) and Chesapeake & Ohio Railway Co., Inc. (C&O). The affirmative defense under attack alleges that the complaint fails to join an indispensable party whose joinder to the instant action would defeat the diversity jurisdiction of this Court. See 28 U.S.C. § 1332 (1976); Fed.R.Civ.P. 19.
*431The complaint in this action alleges that a freight train operated by the Staten Island Railroad…
2Cases cited12 opinions
- Berkey v. Third Avenue Railway Co.New York Court of Appeals · 1926
- Walkovszky v. CarltonNew York Court of Appeals · 1966
- Lowendahl v. Baltimore & Ohio RailroadAppellate Division of the Supreme Court of the State of New York · 1936
- Lowendahl v. Baltimore & Ohio RailroadNew York Court of Appeals · 1936
- Bartle v. Home Owners Cooperative, Inc.New York Court of Appeals · 1955
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Rolnick v. El Al Israel Airlines, Ltd.District Court, E.D. New York · 1982
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