Koblitz v. Baltimore & Ohio Railroad

FREDERICK van PELT BRYAN, District Judge.

Defendant moves for summary judgment, pursuant to Rule 56(b), Fed.Rules Civ.Proc., 28 U.S.C.A., on the grounds, first, that judgment in a prior action in this court is res judicata as to the cause of action alleged in the complaint, and second, that the cause of action is barred by the applicable New York statutes of limitation.

This action, commenced on February 15,1957 in the New York Supreme Court, was removed to this court on defendant’s petition on March 7, 1957. Plaintiff, the owner of $50,000 principal amount of bonds of The Alton Railroad…