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NEW YORK, N. H. & H. R. CO. v. ZERMANI

No. 4668.

200 F.2d 240 (1952)

NEW YORK, N. H. & H. R. CO. v. ZERMANI.

United States Court of Appeals First Circuit.

Rehearing Denied December 19, 1952.

Attorney(s) appearing for the Case

Edmund J. Moore, Boston, Mass. (William Q. Keenan and Noel Deering, Boston, Mass., with him on the brief), for appellant.

John V. Higgins, New York City, (Thomas J. O'Neill, New York City, Joseph P. Coughlin, Cambridge, Mass., and O'Neill, Higgins & Latto, New York City, with him on the brief), for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

HARTIGAN, Circuit Judge.

This is an appeal from judgments entered in the United States District Court for the District of Massachusetts on February 8, 1952, based upon jury verdicts in an action brought under the Federal Employers' Liability Act. 35 Stat. 65, as amended, 45 U.S. C.A. § 51 et seq.

The plaintiff sought recovery under 45 U.S.C.A. § 51, for damages suffered as the result of the death of her husband, John

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