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HARGIS v. WABASH RAILROAD CO.

No. 8956.

163 F.2d 608 (1947)

HARGIS v. WABASH RAILROAD CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied October 10, 1947.

Attorney(s) appearing for the Case

Harold Broverman and Scott Hoover, both of Taylorville, Ill., and James B. Martin and Emanuel J. Coyle, both of Springfield, Ill., for appellant.

R. B. Elster and J. A. McClain, both of St. Louis, Mo., and Henry A. Converse and Miles Gray, both of Springfield, Ill., for appellee.

William S. Tyson, Sol., Morton Liftin, Asst. Sol., and Eugene Green, Attys, U. S. Dept. of Labor, all of Washington, D. C., Walter R. Nelson, Atty. U. S. Dept. of Labor, of Chicago, Ill., and Kenneth P. Montgomery, Dept. of Labor, of Chicago, Ill., amicus curiæ.

Before SPARKS and MAJOR, Circuit Judges and HOLLY, District Judge.

(This opinion substituted for former opinion filed January 16, 1947 pursuant to an order of the Court entered October 14, 1947.)

HOLLY, District Judge.

The complaint in this case consists of two counts. In the first count plaintiff alleged that at the request of defendant he entered into a written contract of which he failed to understand the import to perform janitor service at the defendant's passenger station at Taylorville, Illinois, as an independent...

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