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HOMBERGER v. BALTIMORE & OHIO RAILROAD CO.

No. 9916.

148 F.2d 999 (1945)

Helen M. HOMBERGER, Executrix of Estate of Clarence B. Homberger, Deceased, Appellant, v. BALTIMORE & OHIO RAILROAD COMPANY, Appellee.

Circuit Court of Appeals, Sixth Circuit.

May 14, 1945.

Attorney(s) appearing for the Case

Catri & Catri, of Sandusky, Ohio, for appellant.

Baker, Hostetler & Patterson, of Cleveland, Ohio, and Joel S. Rhinefort, of Toledo, Ohio, for appellee.

Before SIMONS, ALLEN, and MARTIN, Circuit Judges.

PER CURIAM.

This case came on to be heard upon the record, briefs and oral argument of counsel. And it appearing that the District Court did not err in holding that the appellant's decedent was guilty of contributory negligence as a matter of law, precluding recovery (Baltimore & O. R. Co. v. Depew, 40 Ohio St. 121): It is ordered that the judgment of the District Court be, and it hereby...

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