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BRASSARD v. BOSTON & MAINE RAILROAD

No. 5164.

240 F.2d 138 (1957)

J. Maurice BRASSARD, Plaintiff, Appellant, v. BOSTON & MAINE RAILROAD, Defendant, Appellee.

United States Court of Appeals First Circuit.

January 16, 1957.

Attorney(s) appearing for the Case

Jack B. Middleton, Manchester, N. H., Walter H. Gentsch, East Jaffrey, N. H., Stanley M. Brown, and McLane, Carleton, Graf, Greene & Brown, Manchester, N. H., on the brief, for appellant.

William L. Phinney, Manchester, N. H., Sheehan, Phinney, Bass, Green & Bergevin, Manchester, N. H., on the brief, for appellee.

Before WOODBURY and HARTIGAN, Circuit Judges, and WYZANSKI, District Judge.

WYZANSKI, District Judge.

This case is here on plaintiff's appeal from the District Judge's order dismissing plaintiff's amended complaint. Although the order is not accompanied by an opinion, the record makes it clear that the District Judge's dismissal was based on the theory that the complaint asserted a single cause of action under the Federal Employers' Liability Act which accrued in 1951 and was not brought within the...

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