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McCRATE v. MORGAN PACKING COMPANY

No. 8407.

116 F.2d 498 (1940)

Jeanne McCRATE, Appellant, v. MORGAN PACKING COMPANY et al., Appellees.

Circuit Court of Appeals, Sixth Circuit.

Rehearing Granted January 15, 1941.

Attorney(s) appearing for the Case

Fraser, Effler, Shumaker & Winn, of Toledo, Ohio, and Knepper, White & Dempsey, of Columbus, Ohio, for appellant.

Cable & Cable, of Lima, Ohio, for appellees.

Before SIMONS, ALLEN, and HAMILTON, Circuit Judges.

For opinion on rehearing, see 117 F.2d 702.

PER CURIAM.

This cause came on to be heard upon the record and briefs, and oral argument of counsel; and it appearing to the court that while no evidence of appellant's contributory negligence was presented, and therefore the District Court erred in charging the jury upon the question (Sheen v. Kubiac, 131 Ohio St. 52, 1 N.E.2d 943; Cleveland Ry. Co. v. Heller, 15 Ohio App. 346)...

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