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BURNETT v. NEW YORK CENTRAL RAILROAD COMPANY

Civ. A. No. 5365.

230 F.Supp. 767 (1963)

Otto V. BURNETT, Plaintiff, v. The NEW YORK CENTRAL RAILROAD COMPANY, Defendant.

United States District Court S. D. Ohio, W. D.

October 4, 1963.

Attorney(s) appearing for the Case

Otto Putnick, Cincinnati, Ohio, for plaintiff.

John J. Farley, Cincinnati, Ohio, for defendant.

PECK, District Judge.

The question presented by defendant's motion for dismissal is whether the saving clause of a state statute can be applied so as to extend the period within which an action must be commenced under the Federal Employers' Liability Act (45 U.S.C. §§ 51 et seq.). Alleging facts describing a situation covered by the Act, plaintiff filed his petition in the state court within three days of the...

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