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CHESAPEAKE & OHIO RY. CO. v. MOORE

No. 4779.

64 F.2d 472 (1933)

CHESAPEAKE & OHIO RY. CO. v. MOORE.

Circuit Court of Appeals, Seventh Circuit.

March 16, 1933.

Attorney(s) appearing for the Case

Albert H. Cole, of Peru, Ind., for appellant.

Chester L. Teeter and Lloyd Hartzler, both of Fort Wayne, Ind., for appellee.

Before EVANS and SPARKS, Circuit Judges, and WILKERSON, District Judge.

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

The first question presented for our consideration is one of jurisdiction. The first paragraph of complaint does not allege diversity of citizenship, but it alleges that the action is brought under and by virtue of an Act of Congress, approved April 22, 1908, which is known as the Federal Employers' Liability Act,2 §§ 1, 3, and 4, c. 149, 35 Stat.

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