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BETTS v. SOUTHERN RY. CO.

No. 3596.

71 F.2d 787 (1934)

BETTS et al. v. SOUTHERN RY. CO.

Circuit Court of Appeals, Fourth Circuit.

June 11, 1934.

Attorney(s) appearing for the Case

Murray Allen, of Raleigh, N. C. (Thomas Creekmore and Thos. W. Ruffin, both of Raleigh, N. C., on the brief), for appellants.

Richard C. Kelly, of Greensboro, N. C. (Willis Smith, of Raleigh N. C., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal from a judgment dismissing an action for wrongful death, brought in the North Carolina courts under the Virginia wrongful death statute. The judgment was entered upon an answer in the nature of a plea in abatement, the allegations of which were admitted, setting up the acceptance of an award by the widow of decedent under the North Carolina Workmen's Compensation Act in bar of the right of plaintiff to maintain the action further...

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