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PERRONE v. PENNSYLVANIA R. CO.

No. 296.

143 F.2d 168 (1944)

PERRONE v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Second Circuit.

May 1, 1944.

Attorney(s) appearing for the Case

Joseph A. McLaughlin, of New York City (Vine H. Smith and Harry S. Austin, both of New York City, of counsel), for plaintiff-appellee.

Alfred W. Andrews, of New York City (Samuel E. Swiggett and William L. Shumate, both of New York City, of counsel), for defendant-appellant.

Before AUGUSTUS N. HAND, CLARK, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. This case was here on a previous appeal where we reversed a judgment, entered at the close of the testimony, dismissing the complaint on the erroneous ground that the evidence was insufficient to go to the jury. Perrone v. Pennsylvania R. Co., 2 Cir., 136 F.2d 941. So similar are the records on the two appeals that, with one exception noted below, we need not discuss the evidence or the questions raised by...

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