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HALDERMAN v. PENNSYLVANIA R. CO.

No. 277.

53 F.2d 365 (1931)

HALDERMAN v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Second Circuit.

August 25, 1931.

Attorney(s) appearing for the Case

Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (Morton L. Fearey and G. F. Tinker, both of New York City, of counsel), for appellant.

Stephen A. Machcinski, of New York City (Edward J. McCrossin, of New York City, of counsel), for appellee.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This action was brought under the Federal Employers' Liability Act (45 USCA §§ 51-59) to recover damages for injuries sustained by the plaintiff at about 9:30 a. m. on May 19, 1926. The principal defense to the action was that the plaintiff was not in the employ of the defendant at the time of the accident, but under the direction and control of a forest fire warden of the State of Pennsylvania by whom he had been directed...

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