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WATERHOUSE v. HOOVER

No. 11563.

203 F.2d 171 (1953)

WATERHOUSE v. HOOVER et al.

United States Court of Appeals Sixth Circuit.

March 31, 1953.

Attorney(s) appearing for the Case

Robert Adair Black and Robert N. Gorman, Cincinnati, Ohio, John L. Vest, Walton, Ky., Herbert Barnhorn, Reading, Ohio, on the brief, for appellant.

Robert L. Peters, Augustus Beall, Jr., and George E. Whitman, Cincinnati, Ohio, on the brief, for appellees.

Before SIMONS, Chief Judge, and MARTIN and MILLER, Circuit Judges.

PER CURIAM.

This is the clearest kind of case for the application of the rule established by Erie Railroad Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188. The United States District Court for Southern Ohio, upon the direct authority of Elsen v. Hughes, 87 Ohio App. 413, 94 N.E.2d 567, a decision by the Court of Appeals of Ohio affirming a judgment of the Court of Common Pleas for Hamilton County, entered summary judgment...

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