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MILLER v. UNITED STATES GYPSUM CO.

No. 214.

96 F.2d 69 (1938)

MILLER v. UNITED STATES GYPSUM CO.

Circuit Court of Appeals, Second Circuit.

April 4, 1938.

Attorney(s) appearing for the Case

William L. Clay, of Rochester, N. Y. (William L. Clay, Edward R. Murphy, and Walter F. Cherry, all of Rochester, N. Y., of counsel), for plaintiff-appellant.

Hubbell, Taylor, Goodwin, Nixon & Hargrave, of Rochester, N. Y., and Scott, MacLeish & Falk, of Chicago, Ill. (Casper V. Baltensperger, of Rochester, N. Y., and Charles M. Price, of Chicago, Ill., of counsel), for defendant-appellee.

Before MANTON, AUGUSTUS N. HAND AND CHASE, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This is an appeal from a judgment dismissing the amended complaint in an action to recover damages for injuries to plaintiff's intestate Frank Miller resulting from silica dust inhaled in the defendant's factory. He was employed by the defendant, United States Gypsum Company, at its plant in Oakfield, Genesee county, New York, in and prior to the year 1927. On July 30, 1935, he commenced an action against the defendant, which was dismissed...

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