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DIPAOLA v. PENN CENTRAL TRANSPORTATION CO.

No. 20489.

32 Ohio Misc. 173 (1971)

DIPAOLA, EXECUTRIX, APPELLANT, v. PENN CENTRAL TRANSPORTATION CO., APPELLEE.

United States Court of Appeals, Sixth Circuit.

Decided May 17, 1971.

Attorney(s) appearing for the Case

Messrs. Marshall, Melhorn, Bloch & Belt and Mr. Wilbur Jacobs, for plaintiff-appellant.

Messrs. Eastman, Stichter, Smith & Bergman, Mr. John R. Eastman and Mr. Richard E. Antonini, for defendant-appellee.

Before CELEBREZZE and PECK, Circuit Judges, and McALLISTER, Senior Circuit Judge.

Per Curiam.

Plaintiff, the widow of a deceased employee of the defendant Pennsylvania Railroad Co., brought this action in the District Court alleging that the decedent was killed while acting in the course and scope of his employment within the meaning of the Federal Employers' Liabiliy Act, 45 U. S. Code, Section 51 et seq. At the close of the plaintiff's evidence the district judge took the case from the jury and granted a directed verdict for the railroad...

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