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GILROY v. ERIE LACKAWANNA RAILROAD COMPANY

Dockets 34384, 34386.

421 F.2d 1321 (1970)

James M. GILROY, Plaintiff-Appellant, v. ERIE LACKAWANNA RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 29, 1970.

Attorney(s) appearing for the Case

Theodore H. Friedman, Phillips, Nizer, Benjamin, Krim & Ballon, New York City, for appellant.

Donald M. Dunn, Alexander & Green, New York City, for appellee.

Before LUMBARD, Chief Judge, FRIENDLY, Circuit Judge, and JUDD, District Judge.

LUMBARD, Chief Judge:

On December 19, 1967, James M. Gilroy, an employee of the Erie Lackawanna Railroad, was awarded $80,000 by jury verdict in the Southern District of New York after a trial of his suit against the Railroad under the Federal Employers' Liability Act, 45 U.S.C. § 51, et seq., for injuries suffered in June 1962 during the operation of a railroad turntable in Syracuse, New York. Thereafter Gilroy sought a new trial on the ground that numerous...

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