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HEFFNER v. PENNSYLVANIA R. CO.

Nos. 201, 202.

81 F.2d 28 (1936)

HEFFNER v. PENNSYLVANIA R. CO. MINCHHOFF v. SAME.

Circuit Court of Appeals, Second Circuit.

January 13, 1936.

Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper, of New York City (Ray Rood Allen, of New York City, and Allan B. Lutz, of Brooklyn, N. Y., of counsel), for appellant.

Thomas J. O'Neill, of New York City (Jeremiah J. Riordan, of New York City, of counsel), for appellees.

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

SWAN, Circuit Judge.

Clayton R. Heffner and Frank J. Minchhoff were employees of the defendant railroad. They were killed in a collision between two trains of the defendant, which occurred on the night of March 22, 1934, near Norris Tower, Pa., and their respective personal representatives brought these actions under the Federal Employers' Liability Act (45 U.S.C.A. § 51). Each plaintiff recovered a verdict and judgment, from which the defendant has appealed...

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