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McCARTHY v. PALMER

No. 302.

113 F.2d 721 (1940)

McCARTHY v. PALMER et al.

Circuit Court of Appeals, Second Circuit.

July 17, 1940.

Attorney(s) appearing for the Case

E. R. Brumley, of New York City (R. M. Peet, of New York City, of counsel), for appellants.

Thomas J. O'Neill, of New York City (Thomas J. O'Neill and Joseph G. Saile, both of New York City, of counsel), for appellee.

Before SWAN, CHASE, and PATTERSON, Circuit Judges.

CHASE, Circuit Judge.

The appellants are the reorganization trustees of the New York, New Haven, and Hartford Railroad Company. The plaintiff recovered a judgment at law against them in the District Court for the Eastern District of New York in a suit brought under the provisions of the Federal Employers' Liability Act, 45 U. S.C.A. § 51 et seq.

He was a brakeman in the crew of an inspection train of the appellants...

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