Pollitz v. Wabash R.
U.S. Circuit Court for the District of Southern New York
Suit by James Pollitz against the Wabash Railroad Company and others. On motion to vacate an order sustaining demurrer of the defendant Metropolitan Trust Company of New York, and a judgment dismissing the bill, and to reinstate that company as a defendant in the cause and remand it to the state court.
1Opinion of the Court
WARD, Circuit Judge.
The complainant moves to vacate an order sustaining the demurrer of the defendant the Metropolitan Trust Company of the city of New York, and a judgment dismissing the bill as to it; also to reinstate the company as a defendant in the cause and remand it to the state court.
The material facts are as follows: February, 1907, the complainant moved to remand the cause, which motion was denied. 153 Fed. 941. Thereafter all the defendants demurred to the bill. The demurrers were overruled except that of the Metropolitan Trust Company; the bill being dismissed as to it January…
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