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McPHERSON v. HOFFMAN

Nos. 13863, 13864.

275 F.2d 466 (1960)

William H. McPHERSON and McPherson Broach & Machine Company, a Corporation, Third-Parties Defendant and Appellants, v. Gerrit HOFFMAN, Plaintiff and Appellee (Chesapeake & Ohio Railway Company, a Virginia Corporation, Defendant, Third-Party Plaintiff and Appellee). CHESAPEAKE & OHIO RAILWAY COMPANY, a Virginia Corporation, Defendant and Third-Party Plaintiff, Appellant (William H. McPherson and McPherson Broach & Machine Company, Third Parties Defendant), v. Gerrit HOFFMAN, Plaintiff and Appellee.

United States Court of Appeals Sixth Circuit.

February 25, 1960.

Attorney(s) appearing for the Case

James K. Brooker, Smith, Brooker & Harvey, Bay City, Mich., on brief for Wm. H. McPherson, etc.

Robert A. Straub and Robert B. Seeley, Detroit, Mich., and Jerome Weadock, Saginaw, Mich., on brief for Chesapeake & Ohio R. Co.

John Purcell, of Heilman & Purcell, Saginaw, Mich., on brief for Gerrit Hoffman.

Before MARTIN, MILLER and CECIL, Circuit Judges.

CECIL, Circuit Judge.

These two appeals are from a judgment in a case tried in the United States District Court for the Northern Division of the Eastern District of Michigan.

Gerrit Hoffman, plaintiff and appellee, a resident and citizen of the State of Michigan, instituted suit under the Federal Employers' Liability Act, Section 51, Title 45 U.S.C.A. against The Chesapeake and Ohio Railway Company, a Virginia corporation...

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