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LEHIGH & N. E. R. CO. v. FINNERTY

No. 4822.

61 F.2d 289 (1932)

LEHIGH & N. E. R. CO. v. FINNERTY.

Circuit Court of Appeals, Third Circuit.

September 9, 1932.

Attorney(s) appearing for the Case

George Gildea and Katzenbach, Gildea & Rudner, all of Trenton, N. J., for appellant.

E. Burke Finnerty, of Jersey City, N. J. (Samuel Tartalsky and Charles Hershenstein, both of Jersey City, N. J., of counsel), for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

DAVIS, Circuit Judge.

This is an appeal from an order imposing a lien on the cause of action of Harry B. Hayes v. Lehigh & New England Railroad Company of $4,250, constituting counsel fees and taxed costs, and directing the defendant to pay the same.

On February 27, 1930, Harry B. Hayes was employed by the appellant company as a general inspector, and while he was under a locomotive, making an inspection, it is charged that the locomotive "suddenly and...

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