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HARRIS v. TEXAS & PACIFIC RY. CO.

No. 10514.

196 F.2d 88 (1952)

HARRIS v. TEXAS & PACIFIC RY. CO. et al.

United States Court of Appeals Seventh Circuit.

April 10, 1952.

Attorney(s) appearing for the Case

Otto Kerner, Jr., U. S. Atty., John Peter Lulinski, Asst. U. S. Atty., Anthony Scariano, Asst. U. S. Atty., all of Chicago, Ill. (Myles F. Gibbons, Paul M. Johnson and Charles F. McLaughlin, all of Chicago, Ill., Railroad Retirement Board, of counsel), for appellant.

Leonard Bosgraf, Kellam Foster, Chicago, Ill., Franklin Jones, Marshall, Tex. (C. A. Brian, Marshall, Tex., of counsel), for appellee.

Before MAJOR, Chief Judge, DUFFY and LINDLEY, Circuit Judges.

DUFFY, Circuit Judge.

William A. Harris was injured while employed as a switchman by the Texas and Pacific Railway Company. Upon application made to the Railroad Retirement Board (hereinafter called Board) Harris was awarded benefits based upon total and permanent disability. Thereafter he brought suit against the railway company under the Federal Employers' Liability Act, 45 U.S. C.A. § 51 et seq., in the United States...

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