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DILLEY v. CHESAPEAKE & OHIO RAILWAY COMPANY

No. 15186.

327 F.2d 249 (1964)

Pearl E. DILLEY, Administratrix of the Estate of Glen D. Dilley, Deceased, Plaintiff-Appellee, v. The CHESAPEAKE & OHIO RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

January 30, 1964.

Attorney(s) appearing for the Case

Harrison W. Smith, Jr., Columbus, Ohio (Wilson & Rector, Harrison W. Smith, Jr., Columbus, Ohio, on brief), for appellant.

Samuel T. Gaines, Cleveland, Ohio (Metzenbaum, Gaines, Schwartz, Krupansky, Finley & Stern, Samuel T. Gaines, Harold Sayre, Cleveland, Ohio, on brief), for appellee.

Before MILLER and WEICK, Circuit Judges, and BROOKS, District Judge.

BROOKS, District Judge.

This is an appeal from a jury award to Pearl E. Dilley, Administratrix of the Estate of Glen D. Dilley, deceased, plaintiff-appellee in an action brought under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq., against the Chesapeake & Ohio Railway Company, defendant-appellant. The parties hereafter will be designated as in the trial court.

The plaintiff's decedent, Glen Dilley, was employed by the defendant as a...

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