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LEWIS v. CANADIAN PAC. RY. CO.

No. 4254.

39 F.2d 834 (1930)

LEWIS v. CANADIAN PAC. RY. CO. et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied May 28, 1930.

Attorney(s) appearing for the Case

Andrew R. Sherriff, of Chicago, Ill., for appellant.

Edwin H. Cassels, of Chicago, Ill., for appellee Canadian Pac. Ry. Co.

Ellis D. Whipp, of Chicago, Ill., for appellee Mary A. Braun.

Before EVANS, PAGE, and SPARKS, Circuit Judges.

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

The questions presented are:

1. Can appellant, under his contract, join appellee Braun as a party plaintiff in the case below against her will and over her protest?

2. Did the trial judge have the power to review this question inasmuch as it had been decided adversely to appellees by the original trial judge, who was compelled to withdraw from the case on account of illness?

3. If the...

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