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BALTIMORE & OHIO RAILROAD COMPANY v. CLEM

No. 4778.

123 F.2d 399 (1941)

The BALTIMORE & OHIO RAILROAD COMPANY, a corporation, Appellant, v. Jesse C. CLEM and Henry Gassaway Shores, Appellees.

Circuit Court of Appeals, Fourth Circuit.

November 14, 1941.

Attorney(s) appearing for the Case

J. O. Henson and Harry H. Byrer, both of Martinsburg, W. Va. (Stephen Ailes, of Martinsburg, W. Va., and Emory Tyler, of Keyser, W. Va., on the brief), for appellant.

Wayland K. Sullivan, of Cleveland, Ohio, and Henry G. Shores, of Keyser, W. Va., for appellees.

Before PARKER, DOBIE, and NORTHCOTT, Circuit Judges.

PER CURIAM.

The order, 36 F.Supp. 703, appealed from is affirmed on the authority of the decision of the Supreme Court of the United States in the case of Baltimore & Ohio R. Company v. Kepner, 62 S.Ct. 6, 86 L.Ed. ___, decided Nov. 10, 1941.

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