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MULLIGAN v. BALTIMORE & OHIO RAILROAD CO.,

No. 14442.

296 F.2d 634 (1961)

Charles M. MULLIGAN, Plaintiff-Appellant, v. BALTIMORE & OHIO RAILROAD CO., Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

November 14, 1961.

Attorney(s) appearing for the Case

C. Richard Grieser, Columbus, Ohio (Dombey, Tyler, Richards & Grieser, by Robert C. Tyler, Columbus, Ohio, on the brief), for appellant.

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

Before MARTIN, MAGRUDER and CECIL, Circuit Judges.

PER CURIAM.

This appeal involves an action by plaintiff-appellant, Charles M. Mulligan, against the defendant-appellee, Baltimore and Ohio Railroad Company, under the Federal Employers' Liability Act (§ 51 et seq., Title 45 U.S.C.A.), and the Safety Appliance Act (§ 1 et seq., Title 45 U.S. C.A.)

The case was tried on an alleged violation of the Safety Appliance Act and the gist of the plaintiff's claim is that the defendant permitted the use of...

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