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AKERLY v. NEW YORK CENT. R. CO.

No. 10585.

168 F.2d 812 (1948)

AKERLY v. NEW YORK CENT. R. CO.

Circuit Court of Appeals, Sixth Circuit.

June 14, 1948.

Attorney(s) appearing for the Case

M. C. Harrison, of Cleveland, Ohio (Marvin C. Harrison and Harrison, Thomas, Spangenberg & Hull, all of Cleveland, Ohio, on the brief), for appellant.

Paul Lamb of Cleveland, Ohio (Paul Lamb, of Cleveland, Ohio, on the brief), for appellee.

Before ALLEN, McALLISTER and MILLER, Circuit Judges.

ALLEN, Circuit Judge.

This is an appeal from an order of the District Court sustaining a motion to dismiss an action for personal injuries, upon the ground of improper venue. The facts are presented mainly by deposition and physical exhibits, and are not controverted.

The appellant was employed by the appellee as an engine hostler. He was injured in Wesleyville, a suburb of Erie, Pennsylvania, while working on the...

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