Legal Opinion
Marceau v. Great Lakes Transit Co.
District Court, W.D. New York
Decided January 27, 1944No. Civ. No. 1527PublishedCited by 1 opinion
1Opinion of the Court
KNIGHT, District Judge.
Defendant has made two motions; one to dismiss the complaint or in the alternative to stay the action on the ground that a compensation claim on the same cause is pending before the New York State Department of Labor; the other to strike the complaint under Rule 12(e), Rules of Civil Procedure, 28 U.S.C.A. following section 723c, for failure of plaintiff to file a bill of particulars.
The motion under Rule 12(e) may be disposed of summarily. No proposed order had been submitted in accordance with the court’s opinion of December 17, 1943, until after this motion was made,…
2Cases cited7 opinions
- Kline v. Burke Construction Co.Supreme Court of the United States · 1922
- McClellan v. CarlandSupreme Court of the United States · 1910
- Princess Lida of Thurn and Taxis v. ThompsonSupreme Court of the United States · 1939
- Claim of Pavia v. Petroleum Iron Works Co. of PennsylvaniaAppellate Division of the Supreme Court of the State of New York · 1917
- Baltimore & O. R. v. United StatesDistrict Court, N.D. Ohio · 1933
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Mach v. Pennsylvania RailroadDistrict Court, W.D. Pennsylvania · 1960