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RODGERS v. PENNSYLVANIA R. CO.

No. 2979.

19 F.2d 522 (1927)

RODGERS v. PENNSYLVANIA R. CO.

District Court, E. D. New York.

April 13, 1927.

Attorney(s) appearing for the Case

John C. Oldmixon, of New York City, for plaintiff.

Burlingham, Veeder, Masten & Fearey, of New York City (G. H. Merritt, of New York City, of counsel), for defendant.

MOSCOWITZ, District Judge.

This is a motion to dismiss the complaint. The administratrix of Walter Grant Rodgers brought an action under the provisions of the federal Employers' Liability Act (Comp. St. §§ 8657-8665) against the Pennsylvania Railroad Company. The deceased was injured in Pennsylvania in defendant's employ on November 10, 1922. On February 4, 1925, more than two years after the accident occurred, decedent died without any action having been...

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