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McELWAIN v. WICKWIRE SPENCER STEEL CO.

No. 188.

126 F.2d 210 (1942)

McELWAIN v. WICKWIRE SPENCER STEEL CO.

Circuit Court of Appeals, Second Circuit.

February 21, 1942.

Attorney(s) appearing for the Case

William L. Clay, of Rochester, N.Y., for appellant.

Dudley, Stowe & Sawyer, of Buffalo, N.Y. (Roy P. Ohlin and Alden B. Gomez, both of Buffalo, N. Y., of counsel), for appellee.

Before L. HAND, CHASE, and C. E. CLARK, Circuit Judges.

CHASE, Circuit Judge.

In this action, which was originally brought in the Supreme Court of New York for Niagara County to recover for permanent partial disability from an occupational disease and was removed to the District Court for the Western District of New York on the ground of diversity, a summary judgment for the defendant was entered upon its motion supported by affidavits and opposed with counter affidavits filed by the plaintiff. From that judgment under...

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