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GRAND TRUNK WESTERN R. CO. v. McHIE

No. 7534.

100 F.2d 86 (1938)

GRAND TRUNK WESTERN R. CO. et al. v. McHIE.

Circuit Court of Appeals, Sixth Circuit.

November 14, 1938.

Attorney(s) appearing for the Case

William W. Macpherson, of Detroit, Mich. (Victor Spike and William W. Macpherson, both of Detroit, Mich., on the brief), for appellants.

Felix M. Buoscio, of Chicago, Ill. (Felix M. Buoscio, of Chicago, Ill., and Earle D. Sullivan, of Detroit, Mich., on the brief), for appellee.

Before HICKS, SIMONS, and HAMILTON, Circuit Judges.

HICKS, Circuit Judge.

In so far as it relates to the present controversy the case is this:

Appellee brought suit for damages against appellants, Grand Trunk Western Railroad Company, Herbert Edward Block and five other defendants. Appellants moved to dismiss the action upon three grounds:

(1) That they had been released and discharged of all liability.

(2) That appellee's claims against them had been adjudicated in a prior suit; and

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