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HETRICK v. READING CO.

No. 1265.

39 F.Supp. 22 (1941)

HETRICK v. READING CO.

District Court, D. New Jersey.

May 22, 1941.

Attorney(s) appearing for the Case

Samuel Shapiro, of Newark, N. J., and Harry G. Fuerst, of Cleveland, Ohio, for plaintiff.

Katzenbach, Gildea & Rudner and George Gildea, of Trenton, N. J., for defendant.

FORMAN, District Judge.

Plaintiff sues for damages for personal injuries under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., claiming he is totally and permanently disabled for regular employment for hire. In partial answer to the complaint defendant makes the following pertinent allegations:

"Fourth Separate Defense

"If the plaintiff is totally and permanently disabled from regular employment for hire, he is entitled to receive...

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