Pressed Steel Car Co. v. Union Pac. R.
District Court, S.D. New York
In Equity. Bill by the Pressed Steel Car Company against the Union Pacific Railroad Company for discovery in aid of an action at law. Motion under Equity Rule 29 (198 Fed. xxvi, 115 C. C. A. xxvi) to dismiss the bill. Motion under Equity Rule 29 (198 Fed. xxvi, 115 C. C. A. xxvi) to dismiss a bill for discovery in aid of an action at law.
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In Equity. Bill by the Pressed Steel Car Company against the Union Pacific Railroad Company for discovery in aid of an action at law. Motion under Equity Rule 29 (198 Fed. xxvi, 115 C. C. A. xxvi) to dismiss the bill. Motion under Equity Rule 29 (198 Fed. xxvi, 115 C. C. A. xxvi) to dismiss a bill for discovery in aid of an action at law. The allegations in the bill are substantially as follows: The plaintiff has sued the defendant in this court on the law side to recover certain payments due under a contract by which the defendant promised to pay $10 for each car used by it embodying any one…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1] The jurisdiction of this court to entertain a bill in equity for discovery has certainly not disappeared for all purposes. It is true that its chief reason went when the disability of parties as witnesses was removed, but the jurisdiction once existing did not fail for that, Carpenter v. Winn, 221 U. S. 533, 539, 31 Sup. Ct. 683, 55 L. Ed. 842; Kelley v. Boettcher, 85 Fed. 55, 66, 29 C. C. A. 14; Indianapolis Gas Co. v. Indianapolis (C. C.) 90 Fed. 196, 197; General Film Co. v. Sampliner, 232 Fed. 95, 97, 146 C. C. A. 287. For example, the jurisdiction…
2Cases cited12 opinions
- Kelley v. BoettcherCourt of Appeals for the Eighth Circuit · 1898
- Carpenter v. WinnSupreme Court of the United States · 1911
- United States v. Bitter Root Development Co.Supreme Court of the United States · 1906
- Ex Parte BoydSupreme Court of the United States · 1882
- Colgate v. Compagnie Francaise du Telegraphs de Paris a New YorkU.S. Circuit Court for the District of Southern New York · 1885
7 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Sinclair Refining Co. v. Jenkins Petroleum Process Co.Supreme Court of the United States · 1933
- Kodekey Electronics, Inc. v. The Mechanex CorporationCourt of Appeals for the Tenth Circuit · 1973
- Pottetti v. CliffordSupreme Court of Connecticut · 1959
- Peacock v. Retail Credit CompanyDistrict Court, N.D. Georgia · 1969
- Cooper v. FultonDistrict Court of Appeal of Florida · 1959
17 more not listed; retrieve them via the Exa API.