DEER v. NEW YORK CENT. R. CO.

No. 10718.

202 F.2d 625 (1953)

DEER v. NEW YORK CENT. R. CO.

United States Court of Appeals Seventh Circuit.

March 11, 1953.


Attorney(s) appearing for the Case

Ted B. Lewis, French M. Elrod, Cecil A. Taylor, Indianapolis, Ind., for appellant.

Marvin A. Jersild, Chicago, Ill., Joseph J. Daniels, Karl J. Stipher, Indianapolis, Ind., for appellee.

Before MAJOR, Chief Judge, and FINNEGAN and SWAIM, Circuit Judges.


FINNEGAN, Circuit Judge.

The appellant, Charles M. Deer, plaintiff below, seeks to reverse an order of the District Court which sustained the motion of the New York Central Railroad Company, defendant-appellee, for summary judgment, and directed that plaintiff take nothing by his suit and that costs be assessed against him.

It appears from the plaintiff's complaint, and from the affidavits filed in support of and in opposition to the motion for summary judgment...

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