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McVAY v. CINCINNATI UNION TERMINAL COMPANY

No. 19112.

416 F.2d 853 (1969)

Floyd McVAY, Plaintiff-Appellant, v. The CINCINNATI UNION TERMINAL COMPANY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

October 14, 1969.

Attorney(s) appearing for the Case

Andrew B. Dennison, Cincinnati, Ohio, for appellant, White, Getgey & Dennison, Andrew B. Dennison, Cincinnati, Ohio, on brief.

James L. O'Connell, Cincinnati, Ohio, for appellee, Lindhorst & Dreidame, by Robert F. Dreidame, Cincinnati, Ohio, on brief.

Before PHILLIPS, Chief Judge, CELEBREZZE, Circuit Judge, and McALLISTER, Senior Circuit Judge.

McALLISTER, Senior Circuit Judge.

Floyd McVay, a railroad train checker, was an employee of The Cincinnati Union Terminal Company on December 3, 1965. He was fifty-six years old, and had been employed by the company for more than seventeen years. On the date above mentioned, his first work assignment was the unloading of baggage from the Chesapeake and Ohio train No. 3, which arrived at the company's terminal at 3:45 P.M. Having finished that work, he awaited the...

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