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BLACKLEY v. POWELL

No. 3540.

68 F.2d 457 (1934)

BLACKLEY v. POWELL et al.

Circuit Court of Appeals, Fourth Circuit.

January 8, 1934.

Attorney(s) appearing for the Case

Clyde A. Douglass, of Raleigh, N. C. (Walter R. Jones and J. Chesley Sedberry, both of Rockingham, N. C., on the brief), for appellant.

L. R. Varser, of Lumberton, N. C. (R. A. McIntyre and Ozmer L. Henry, both of Lumberton, N. C., on the brief), for appellees.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

SOPER, Circuit Judge.

This is an action for damages for personal injuries, under the Federal Employers' Liability Act (April 22, 1908, c. 149, 35 Stat. 65, as amended [45 USCA §§ 51-59]), originally instituted in the superior court of Richmond county, North Carolina, and properly removed to the District Court. It was brought by appellant, hereinafter called plaintiff, a locomotive engineer, who, while preparing at Andrews, S. C., for a run to Savannah, Ga...

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