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PITCAIRN v. PERRY

No. 12017.

122 F.2d 881 (1941)

PITCAIRN et al. v. PERRY.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied October 30, 1941.

Attorney(s) appearing for the Case

Wayne Ely, of St. Louis, Mo. (N. S. Brown, J. H. Miller, and R. B. Elster, all of St. Louis, Mo., on the brief), for appellants.

William H. DeParcq, of Minneapolis, Minn. (Samuel Cohen, of Chicago, Ill., and William R. Kirby and Cox, Blair & Kooreman, all of St. Louis, Mo., on the brief), for appellee.

Before GARDNER, WOODROUGH, and THOMAS, Circuit Judges.

GARDNER, Circuit Judge.

The Receivers of the Wabash Railway Company have appealed from a judgment entered on a verdict of the jury in favor of Oliver S. Perry, plaintiff in an action brought to recover damages for personal injuries under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. It will be convenient to refer to the parties as they were designated in the lower court.

Plaintiff was a car inspector of the Wabash Railway Company, employed...

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