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LIMITATION OF VENUE IN CERTAIN ACTIONS BROUGHT
UNDER THE EMPLOYERS' LIABILITY ACT

HEARINGS

BEFORE A

LIB

AR

SUBCOMMITTEE OF THE
COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE

EIGHTIETH CONGRESS

SECOND SESSION

ON

30

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S. 1567 and H. R. 1639

TO PROVIDE THE VENUE IN ACTIONS BROUGHT
IN UNITED STATES DISTRICT COURTS OR IN
STATE COURTS AGAINST INTERSTATE COMMON
CARRIERS BY RAILROAD FOR DAMAGES FOR
WRONGFUL DEATH OR PERSONAL INJURIES

DIV.

72136

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Printed for the use of the Committee on the Judiciary

UNITED STATES
GOVERNMENT PRINTING OFFICE

WASHINGTON: 1948

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CONTENTS

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LIMITATION OF VENUE IN CERTAIN ACTIONS BROUGHT

UNDER THE EMPLOYERS' LIABILITY ACT

WEDNESDAY, JANUARY 7, 1948

UNITED STATES SENATE,

SUBCOMMITTEE OF THE COMMITTEE ON THE JUDICIARY,

Washington, D. C.

The subcommittee met at 10:05 a. m., pursuant to call, in room 424, Senate Office Building, Senator E. H. Moore (chairman of the subcommittee) presiding.

Present: Senators Moore (chairman of the subcommittee) and Donnell.

Present also: Senator Langer.

Senator MOORE. The committee will come to order.

Let the record show that this hearing is the first meeting of a subcommittee composed of myself, as chairman, and Senators Donnell and McGrath of the Committee on the Judiciary, to consider H. R. 1639 and S. 1567, companion bills, providing for the venue of actions brought in the United States district courts or in State courts against interstate-commerce carriers by railroads for damages for wrongful death or personal injuries.

Senator McGrath has informed the subcommittee that he will be unable to be present at these hearings. He regrets that his official business necessitates his absence from the city at this time.

It is contemplated that additional hearings will be held tomorrow, January 8, and the following day, January 9, 1948, at the same time and place and that the record of these proceedings will remain open for receipt of additional substantiative material by both the opponents and proponents until and including January 15, 1948.

I wish to state at the outset that the immediate purpose of these hearings is to offer those interested an opportunity to testify to any changes or new developments since the consideration of the measure by the House Committee on the Judiciary. It is desired to avoid so far as possible a duplication of the House testimony.

Hearings were held before the House Committee on the Judiciary on March 28, April 1, 14, and 18, 1947. These hearings were printed bearing serial No. 4 of that committee. In addition three House reports were printed on the bill-one, the report of the majority in favor by Mr. Springer being House Report No. 613 dated June 19, 1947; the second a minority report against the bill by Mr. Devitt being House Report No. 613, part 2, dated June 20, 1947; and the third a minority views report by Mr. Feighan being House Report No. 613, part 3, dated June 26, 1947.

It occurs to me that the bill has had quite thorough consideration and that extensive hearings by this subcommittee are not necessary.

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