No. 15030.

315 F.2d 318 (1963)

William METCALF, Plaintiff-Appellee, v. The NEW YORK, CHICAGO & ST. LOUIS RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

March 28, 1963.

Attorney(s) appearing for the Case

Edwin Knachel, Cleveland, Ohio, for appellant, Marshman, Hornbeck, Hollington, Steadman & McLaughlin, Cleveland, Ohio, on the brief.

Marshall I. Nurenberg, Cleveland, Ohio, for appellee, A. H. Dudnik, Cleveland, Ohio, on the brief.

Before WEICK, Circuit Judge, and BOYD and THORNTON, District Judges.


This is an action under the Federal Employers' Liability Act in which plaintiff recovered a verdict and judgment of $50,000 in the District Court. The one question presented on this appeal is stated in a more factually expanded manner by appellee than by appellant and we therefore set it forth here in the language of appellee: "Where upon deposition a witness, not a party, is asked whether a statement that he gave prior to the deposition was true, and...

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