GIBSON, District Judge.
The above entitled case was tried before a jury and resulted in a disagreement. Counsel for the defendant, having moved for judgment at the trial, now renews his motion. It is asserted on behalf of the defendant that the plaintiff, by the pleading and proof in the action, can recover only in a proceeding under the Pennsylvania Occupational Disease Act, and not by the present common-law action.
By the complaint it is alleged that he...
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