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COLEMAN v. KIDNEY

No. 15273.

333 F.2d 744 (1964)

Andrew C. COLEMAN, Plaintiff-Appellant, v. Bernard KIDNEY, Defendant, and American Employers' Insurance Company, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

June 29, 1964.

Attorney(s) appearing for the Case

Argued by Harold H. Sayre, Cleveland, Ohio, Elmer I. Schwartz, Cleveland, Ohio, on brief, Metzenbaum, Gaines, Schwartz, Krupansky, Finley & Stern, Cleveland, Ohio, Pokorny, Schrenzel & Pokorny, Brooklyn, N. Y., of counsel, for appellant.

Argued by Eben H. Cockley, Cleveland, Ohio, James E. Courtney, Cleveland, Ohio, on brief, Jones, Day, Cockley & Reavis, Cleveland, Ohio, of counsel, for appellee American Employers' Ins. Co.

Before MILLER and O'SULLIVAN, Circuit Judges, and PECK, District Judge.

PER CURIAM.

Plaintiff-Appellant was a Pullman porter on a Baltimore & Ohio passenger train, and suffered injuries when the train was struck and derailed by a diesel truck owned by one of the defendants, Bernard Kidney, and operated by his agent. Plaintiff-Appellant (hereinafter referred to as plaintiff) recovered a judgment against Kidney, and thereafter instituted a supplemental proceeding against the defendant-appellee insurance company to recover the amount...

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