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BARRY v. READING CO.

No. 8583.

147 F.2d 129 (1944)

BARRY v. READING CO.

Circuit Court of Appeals, Third Circuit.

Decided July 10, 1944.

Reargued December 8, 1944.

Decided December 29, 1944.

Writ of Certiorari Denied April 2, 1945.

Attorney(s) appearing for the Case

Harry G. Fuerst, of Cleveland, Ohio (Samuel Shapiro, of Newark, N. J., and Milford J. Meyer, of Philadelphia, Pa., on the brief), for appellant.

George Gildea, of Trenton, N. J. (Katzenbach, Gildea & Rudner, of Trenton, N. J., on the brief), for appellee.

Before JONES and GOODRICH, Circuit Judges, and GANEY, District Judge.

Writ of Certiorari Denied April 2, 1945. See 65 S.Ct. 912.

PER CURIAM.

Ralph E. Barry, of whose estate the plaintiff is administratrix, was killed while in the performance of his duties as a brakeman for the defendant railroad company, both Barry and the railroad being then engaged in interstate commerce. The plaintiff instituted suit for damages for Barry's death under the Federal Employers' Liability Act, 45 U.S...

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