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MILLER v. PENNSYLVANIA RAILROAD COMPANY

No. 14936.

272 F.2d 545 (1959)

Wilfred L. MILLER, and Alban Tractor Company, Inc., Appellants v. The PENNSYLVANIA, RAILROAD COMPANY, a corporation, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 16, 1959.

Attorney(s) appearing for the Case

Mr. Sheldon E. Bernstein, Washington, D. C., with whom Messrs. Arthur S. Feld, Charles Jules Rose and Joseph D. Bulman, Washington, D. C., were on the brief, for appellants.

Mr. James C. McKay, Washington, D. C., with whom Mr. George Blow, Washington, D. C., was on the brief, for appellee.

Before PRETTYMAN, Chief Judge, and FAHY and BASTIAN, Circuit Judges.

PER CURIAM.

After our decision in Miller v. Pennsylvania R.R., 102 U.S.App.D.C. 135, 251 F.2d 376, a new trial was had before the late Judge Kirkland. The jury returned a verdict for plaintiffs, judgment being entered accordingly. After the death of Judge Kirkland, however, Judge Holtzoff, whose direction of a verdict for the defendant had led to our reversal in Miller v. Pennsylvania R.R...

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