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BALTIMORE & OHIO RAILROAD COMPANY v. HUGHES

No. 14020.

278 F.2d 324 (1960)

BALTIMORE & OHIO RAILROAD COMPANY, Appellant, v. Eugene L. HUGHES, Appellee.

United States Court of Appeals Sixth Circuit.

May 5, 1960.

Attorney(s) appearing for the Case

Philip J. Schneider, Cincinnati, Ohio (John M. O'Mara, Cincinnati, Ohio, of counsel, Waite, Schindel, Bayless & Schneider, Cincinnati, Ohio, on the brief), for appellant.

Thomas H. Mongan, Cincinnati, Ohio (Robert O. Leming, Cincinnati, Ohio, of counsel, Rolf, Dolle, Rueger, Mongan & Leming, Cincinnati, Ohio, on the brief), for appellee.

Before SHACKELFORD MILLER, Jr., and CECIL, Circuit Judges, HOLLAND, Senior District Judge.

CECIL, Circuit Judge.

The plaintiff-appellee, Eugene L. Hughes, recovered a judgment in the District Court, in the sum of $30,000, upon a verdict against the defendant-appellant, the Baltimore and Ohio Railroad Company. The parties will be hereinafter referred to as plaintiff and defendant.

The defendant appealed on the ground that there was insufficient evidence to warrant submitting the case to the jury.

The plaintiff was employed by the Kroger Company...

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