GIBBONS v. DETROIT & TOLEDO SHORE LINE R. CO.

No. 10636.

171 F.2d 287 (1948)

GIBBONS v. DETROIT & TOLEDO SHORE LINE R. CO.

United States Court of Appeals Sixth Circuit.

December 15, 1948.


Attorney(s) appearing for the Case

Charles H. Brady, of Toledo, Ohio (Al E. Simmons, of Toledo, Ohio, on the brief, and Brady, Whitehead, O'Connor & Simmons, of Toledo, Ohio, of counsel), for appellant.

William H. Black, Jr., of Toledo, Ohio (Williams, Eversman, Middleton, Leatherman & Black, of Toledo, Ohio, of counsel), for appellee.

Before HICKS, Chief Judge, and ALLEN and McALLISTER, Circuit Judges.


PER CURIAM.

In this case appellant sought damages against the appellee for $18,220, for breach of seniority rights, in a petition which was dismissed by the District Court. The appellant had worked as fireman for appellee in 1929 and 1935 for approximately 47 days in the aggregate.

The District Court found that under the terms of appellant's application for employment and other evidence in the record, appellant never became an employee of the appellee, but...

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