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TUDER v. MATERIAL SERVICE CORPORATION

No. 58 C 232.

177 F.Supp. 71 (1959)

Elzie TUDER, Jr., Plaintiff, v. MATERIAL SERVICE CORPORATION, a corporation, Defendant.

United States District Court N. D. Illinois, E. D.

October 1, 1959.

Attorney(s) appearing for the Case

Jack L. Sachs and Harry A. Sewell, Chicago, Ill., for plaintiff.

Schradzke, Gould & Ratner, Stephen A. Milwid and Lord, Bissell & Brook, Chicago, Ill., for defendant.

CAMPBELL, Chief Judge.

Plaintiff, Elzie Tuder, Jr., brings this action against defendant, Material Service Corporation, under the Jones Act, 46 U.S.C.A. § 688, for injuries suffered by him in the course of his employment at defendant's sand and gravel pit in Morris, Illinois. Defendant, in addition to its answer, has pleaded the following affirmative defenses which are now before me for disposition:

(1) Plaintiff...

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