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SMITH v. JOHN B. KELLY, INC.

No. 15010.

275 F.2d 169 (1960)

Otis E. SMITH, Appellant v. JOHN B. KELLY, INC., Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 4, 1960.

Petition for Rehearing Denied March 7, 1960.

Attorney(s) appearing for the Case

Mr. Sidney Edelman, New York City, with whom Messrs. Philip J. Lesser, Raymond C. Kates, and I. Irwin Bolotin, Washington, D. C., were on the brief, for appellant.

Mr. Arthur V. Butler, Washington, D. C., with whom Messrs. H. Mason Welch, J. Harry Welch, J. Joseph Barse, Walter J. Murphy, Jr., and James A. Welch, Washington, D. C., were on the brief, for appellee.

Before WASHINGTON, BASTIAN and BURGER, Circuit Judges.

BASTIAN, Circuit Judge.

This is an appeal from a summary judgment entered in the District Court in an action for personal injuries. After the pleadings had been filed and the deposition of plaintiff (appellant) taken, motion for summary judgment was filed by defendant (appellee) and granted. The facts are not seriously in dispute. Briefly stated, they are as follows:

In February 1957, plaintiff was employed as an...

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