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MAHONEY v. NEW YORK CENTRAL RAILROAD

No. 352, Docket 23860.

234 F.2d 923 (1956)

Bernard J. MAHONEY, Plaintiff-Appellant, v. NEW YORK CENTRAL RAILROAD and Universal Concrete Pipe Company, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided June 29, 1956.

Attorney(s) appearing for the Case

Milton Karz, Rochester, N. Y., for plaintiff-appellant.

Harris, Beach, Keating, Wilcox & Dale, Rochester, N. Y. (Edward R. Macomber and Thomas M. Hampson, Rochester, N. Y., of counsel on the brief), for defendant-appellee New York Cent. R. R.

Nier & Doyle, Rochester, N. Y., for defendant-appellee Universal Concrete Pipe Co.

Before CLARK, Chief Judge, and HINCKS and LUMBARD, Circuit Judges.

LUMBARD, Circuit Judge.

Plaintiff Bernard J. Mahoney brought suit against defendant New York Central Railroad under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., for injuries he sustained in the course of his duties as yard clerk in the employ of the railroad. Plaintiff, a resident of New York, also joined Universal Concrete Pipe Company, an Ohio corporation, as a defendant because of diverse citizenship.

At about 3:30 A. M. on December...

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