District Court, S.D. New York June 5, 1972, 71 Civ. 4278 (REA Express, Inc. v. Alabama Great Southern Railroad Co.)

METZNER, District Judge:

Defendants Chesapeake and Ohio Railway Co., Baltimore and Ohio Railroad Co. and Western Maryland Railway Co. move pursuant to Rule 12(b) (1), Fed. R.Civ.P., to dismiss the complaint on the ground that the court lacks jurisdiction over the subject matter.