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CORBIN v. BALTIMORE & O. R.R.

No. 12608.

234 F.2d 78 (1956)

Gertrude CORBIN, Administratrix of the Estate of Chester A. Corbin, Jr., Deceased, Plaintiff-Appellant, v. The BALTIMORE AND OHIO RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

June 5, 1956.

Attorney(s) appearing for the Case

Rees H. Davis, Jr., Cleveland, Ohio (Davis & Young, Cleveland, Ohio, Henry B. Critchfield, Wooster, Ohio, on the brief), for appellant.

Jay C. Brownlee and C. Kenneth Clark, Youngstown, Ohio (T. Lamar Jackson, Harrington, Huxley & Smith, Youngstown, Ohio, on the brief), for appellee.

Before SIMONS, Chief Judge, and McALLISTER and STEWART, Circuit Judges.

PER CURIAM.

The question presented in this case is whether the judgment of the district court should be reversed on grounds that were not presented or argued upon the hearing.

The appellant Administratrix originally brought this action for the wrongful death of her deceased husband in the Common Pleas Court of Wayne County, Ohio. This suit was thereafter removed to the district court on petition of the appellee railroad. Subsequently, the railroad sued the...

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