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DAVIS v. BALTIMORE & O. R. CO.

No. 4364.

10 F.2d 140 (1926)

DAVIS v. BALTIMORE & O. R. CO.

Circuit Court of Appeals, Sixth Circuit.

January 5, 1926.

Attorney(s) appearing for the Case

R. B. Newcomb, of Cleveland, Ohio (Newcomb, Newcomb & Nord, of Cleveland, Ohio, on the brief), for plaintiff in error.

Thomas O. Nevison, of Cleveland, Ohio (Tolles, Hogsett, Ginn & Morley, W. T. Kinder, and Thos. O. Nevison, all of Cleveland, Ohio, on the brief), for defendant in error.

Before DONAHUE, MOORMAN, and KNAPPEN, Circuit Judges.

DONAHUE, Circuit Judge (after stating the facts as above).

It appears by the stipulation of counsel that this Western Maryland car, immediately before it had been brought to Keyser, W. Va., for repairs, had been engaged in intrastate commerce between Cumberland and Ancelle, Md.; that it was loaded at Cumberland, and after it reached Ancelle it was unloaded and sent to the Keyser yards for repair; that it reached there about January 1, 1924, and was repaired on January...

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