BECKLEY v. ERIE R. CO.

No. 10795.

175 F.2d 64 (1949)

BECKLEY v. ERIE R. CO.

United States Court of Appeals Sixth Circuit.

June 1, 1949.


Attorney(s) appearing for the Case

Theodore W. Kohn, Raymond L. Wise, New York City, and Vernon R. Burt, Cleveland, Ohio (Robert H. Jamison, Cleveland, Ohio, on the brief), for appellant.

John A. Hadden, and John S. Beard, Jr., Cleveland, Ohio (M. C. Smith, Jr., Cleveland, Ohio, on the brief), for appellee.

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


PER CURIAM.

This case in most of its essential aspects is similar to that of the companion case of Duryee etc., v. Erie Railroad Company, 6 Cir., 175 F.2d 58.

The complaint was filed on September 28, 1946. In its allegations against Erie of unjust and inequitable conduct, it went somewhat further than the complaint in the Duryee case, in that it alleged, "Erie has continuously * * * since 1912 wilfully and deliberately...

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