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BRETSKY v. LEHIGH VALLEY R. R. CO.

No. 306, Docket 19790.

156 F.2d 594 (1946)

BRETSKY v. LEHIGH VALLEY R. R. CO.

Circuit Court of Appeals, Second Circuit.

July 15, 1946.

Attorney(s) appearing for the Case

Alexander & Green, of New York City (Herbert S. Ogden, of New York City, of counsel), for appellant.

Stephen A. Machcinski, of New York City (Herbert Zelenko and Harold L. Schwartz, both of New York City, of counsel), for appellee.

Before CHASE, CLARK, and FRANK, Circuit Judges.

CHASE, Circuit Judge.

The sole question presented on this appeal is whether a certain decision and award of the Pennsylvania Workmen's Compensation Board is res adjudicata.

The plaintiff, a tinsmith employed by the defendant railroad in the latter's locomotive repair shops at Ashmore, Pennsylvania, on November 19, 1940, was injured while repairing a dismantled locomotive. Subsequently, the plaintiff and the defendant...

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