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Las Vegas,Nevada REVIEW - JOURNAL Hay 6, 1947 Foley Postpones Suit Against Union Pacific Amidst arguments ranging from the merits of federal laws to state’s rights, Federal Judge Rog­er T. Foley yesterday verbally rapped the knuckles of attorneys j in the suit here of James T. Rush vs. the Union Pacific railroad by fulfilling his threat to vacate the setting in the ease until October. “I don’t intend to be driven in­to a hasty decision on a. matter of this importance,” he told the opposing attorneys, who had sub­mitted motions in the pre-trial hearing. , The jury trial had.been sched­uled to Ope’n today but was con­tinued until October 7. As a re­sult,: the jury this morning was excused until 10 a. m,, May 13, when they will hear another suit against the Union Pacific, filed by Edwin H. Allen, a former em­ploye, who. alleged that the com­pany doctor who treated him for an injury was addicted to nar­cotics. Attorney Booth G. Goodman, of San Francisco, who'is repre- i senting Rush, now seeking $30,- 000 damages in a company acci- I dent, argued that the .Nevada • ?statute allows ah employe, even ; though he executes a settlement, the right to pursue further settle- : ment if the first amount was not adequate. He maintained the fed- 1 eral law does not nullify the right of any state to its own statutes. The release, executed January 20, 1945, was a simple contract, and not a special contract, under the federal law, Goodman'claim­ed. Attorney T. F. Emmons, of Ne­braska, claimed for the railroad that “congress has seen fit to occupy the field if injuries to I workers engaged in interstate commerce,, This leaves no room . for action by the state.” • He alleged the release '“stands ] as an absolute bar on any fur- . ther , action.” Rush, he charged, is was bound to restore- the consid- i eration in the release. After posing their respective ( motions, each attorney agreed the ' question of the release would dis- '[ .appear with a ruling from Judge 1 Foley on the matter of the Ne-' 1 vada statute. U . . §tf f Foley continued the hearing to • allow him to study the motions. • “T don’t like waiving formalities of notice on the eve of the trial, 1 IfS hardly fair to the court,’’ he -1 declared' , - /