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MOSS v. PENNSYLVANIA R. CO.

Nos. 9071, 9072.

158 F.2d 86 (1946)

MOSS v. PENNSYLVANIA R. CO. HOOK v. NATIONAL BRICK CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied December 3, 1946.

Writ of Certiorari Denied April 7, 1947.

Attorney(s) appearing for the Case

Owen W. Crumpacker, Jay E. Darlington and Frederick C. Crumpacker, all of Hammond, Ind., for appellants.

Fred E. Zollars, J. A. Bruggeman, and Phil McNagny, all of Fort Wayne, Ind. (Barrett, Barrett & McNagny, of Fort Wayne, Ind., of counsel), for Pennsylvania R. Co.

Robert H. Moore (of Moore, Regan & Goad), of Gary, Ind., and William Greene, of Chicago, Ill., for National Brick Co.

Before MAJOR, KERNER, and MINTON, Circuit Judges.

PER CURIAM.

These are second appeals in cases which were before this court in 7 Cir., 146 F.2d 673 and 7 Cir., 150 F.2d 184, where the facts are fully stated. In both cases the error assigned was the overruling of a motion for a directed verdict and the denial of a motion for judgment notwithstanding the verdict. In the Moss case this court held, as a matter of law, that plaintiff's decedent was guilty...

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