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HEAGNEY v. BROOKLYN EASTERN DIST. TERMINAL

No. 249, Docket 21988.

190 F.2d 976 (1951)

HEAGNEY v. BROOKLYN EASTERN DIST. TERMINAL.

United States Court of Appeals, Second Circuit.

Decided July 30, 1951.

Attorney(s) appearing for the Case

Carlton A. Walls, of New York City, for plaintiff-appellant.

Robert E. Curran, of New York City (Thomas P. Curtin, of New York City, on the brief), for defendant-appellee.

Before CHASE, CLARK, and FRANK, Circuit Judges.

CLARK, Circuit Judge.

This is an appeal from a summary judgment dismissing plaintiff's action against his employer under the Employers' Liability and other Federal Acts, 45 U.S.C.A. §§ 1, 51 et seq., on the ground that he had waived the federal remedies by acceptance of awards under the New York Workmen's Compensation Law. It is undisputed that plaintiff accepted payments under the orders of the New York Workmen's Compensation Board, and made no claim under...

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