SCARBOROUGH v. ATLANTIC COAST LINE R. CO.

No. 6511.

202 F.2d 84 (1953)

SCARBOROUGH v. ATLANTIC COAST LINE R. CO.

United States Court of Appeals Fourth Circuit.

Decided February 17, 1953.


Attorney(s) appearing for the Case

George E. Allen, Richmond, Va. (Allen, Allen, Allen & Allen, Richmond, Va., on brief), for appellant.

John S. Davenport, III, Richmond, Va. (George B. Little and Denny, Valentine & Davenport, Richmond, Va., on brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.


DOBIE, Circuit Judge.

This is the third appeal in this case. The first involved the question of whether misrepresentations would toll the Statute of Limitations in a case controlled by the Federal Employers' Liability Act, 45 U.S. C.A. § 51 et seq. At the first trial, the District Court dismissed the action upon the ground that the statute pleaded was of the substantive type and could not be tolled by misrepresentations which induced the plaintiff to defer the...

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