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DiPAOLA v. PENN CENTRAL TRANSPORTATION COMPANY

No. 20489.

442 F.2d 442 (1971)

Elena T. DiPAOLA, Executrix of the Estate of Peter DiPaola, Deceased, Plaintiff-Appellant, v. PENN CENTRAL TRANSPORTATION COMPANY f/k/a Pennsylvania Railroad Company, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

May 17, 1971.

Attorney(s) appearing for the Case

Wilbur Jacobs, Toledo, Ohio, for plaintiff-appellant; Wilbur C. Jacobs, Marshall, Melhorn, Bloch & Belt, Toledo, Ohio, on brief.

John R. Eastman, Toledo, Ohio, for defendant-appellee; John R. Eastman, Richard E. Antonini, Eastman, Stichter, Smith & Bergman, Toledo, Ohio, on brief.

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' Liability Act, 45 U.S.C. § 51 et seq. At the close of the plaintiff's evidence the District Judge took the case from the jury and granted a directed...

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