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NAPIER v. DELAWARE, LACKAWANNA AND WESTERN R. CO.

No. 270, Docket 23519.

223 F.2d 28 (1955)

Charles J. NAPIER, Plaintiff-Appellee, v. The DELAWARE, LACKAWANNA and WESTERN RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided May 25, 1955.

Attorney(s) appearing for the Case

McClung, Peters & Simon, Albany, N. Y. (George M. Simon, Albany, N. Y., Homer E. Peters, Albany, N. Y., of counsel), for plaintiff-appellee.

MacKenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y. (Gustav P. Blaustein, Syracuse, N. Y., of counsel), for defendant-appellant.

Before HAND, SWAN and HINCKS, Circuit Judges.

HINCKS, Circuit Judge.

This is an action brought under the Federal Employers' Liability Act, 45 U. S.C.A. § 51 et seq., to recover a money judgment for injuries sustained by the plaintiff while in the employ of the defendant railroad company. From the judgment entered on a jury verdict for the plaintiff, the defendant appealed. The plaintiff moved to dismiss for lack of appellate jurisdiction and argument on this motion was heard concurrently with argument on...

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