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SIMCOX v. BALTIMORE & O. R. CO.

No. 9384.

133 F.2d 902 (1943)

SIMCOX v. BALTIMORE & O. R. CO.

Circuit Court of Appeals, Sixth Circuit.

February 15, 1943.

Attorney(s) appearing for the Case

Fred J. Heim, of Youngstown, Ohio (Walter O. R. Johnson and Fred J. Heim, both of Youngstown, Ohio, on the brief), for appellant.

T. Lamar Jackson, of Youngstown, Ohio (T. Lamar Jackson, and Harrington, Huxley & Smith, all of Youngstown, Ohio, on the brief), for appellee.

Before ALLEN, MARTIN, and McALLISTER, Circuit Judges.

PER CURIAM.

This is an appeal from a judgment non obstante veredicto entered in the district court, pursuant to the power vested in the district judge under Civil Procedure Rule 50(b), 28 U.S.C.A. following section 723c.

Appellant, as administrator, instituted a civil action for death of his decedent by the alleged wrongful act of the appellee railroad company, and recovered damages by the verdict of a jury.

The single question presented is whether...

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