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McCLUSKEY v. NORFOLK & WESTERN RY. CO.

No. 18652.

23 Ohio Misc. 138 (1969)

MCCLUSKEY, APPELLANT, v. NORFOLK AND WESTERN RAILWAY COMPANY, APPELLEE.

United States Court of Appeals, Sixth Circuit.

Decided February 21, 1969.

Attorney(s) appearing for the Case

Mr. Frank W. Cubbon, Jr., Messrs. Romanoff & Moran, Messrs. Cubbon & Rice and Mr. Bernard D. Rice, for appellant.

Mr. E. Thomas Maguire, Mr. John M. Curphey and Messrs. Robison, Curphey & O'Connell, for appellee.

Before EDWARDS, CELEBREZZE and PECK, Circuit Judges.

Per Curiam.

This is a grade crossing accident case in Ohio wherein a 21-year-old driver of a soft drink truck was seriously injured, suffering retrograde amnesia, among other injuries, as a result of his truck being struck by defendant's railroad train.

Plaintiff appeals from an order granting defendant's motion to dismiss at the close of plaintiff's proofs in this nonjury case. The order entered by a United States District Judge in the Northern District...

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