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RICKETTS v. PENNSYLVANIA R. CO.

No. 122.

153 F.2d 757 (1946)

RICKETTS v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Second Circuit.

January 10, 1946.

Attorney(s) appearing for the Case

Ray Rood Allen and Burlingham, Veeder, Clark & Hupper, all of New York City (G. Hunter Merritt, of New York City, of counsel), for appellant.

Robert Leon Horn, of New York City (Harold Bloom, of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and FRANK, Circuit Judges.

L. HAND, Circuit Judge.

The defendant appeals from a judgment awarding damages to the plaintiff — a waiter upon one of its dining cars — for injuries suffered while in its service on February 16, 1943. The action was brought under the Federal Employers' Liability Act, §§ 51-60, Title 45 U.S.C.A.; but the only question raised upon this appeal concerns the validity of two releases, dated August 23, 1943, by which the plaintiff released all claims...

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