MEMORANDUM ORDER
WEBER, District Judge.
The parties to this FELA action are in dispute as to whether a device known as a "push-pole" comes within the ambit of "appurtenances" as intended by the Boiler Inspection Act, 45 U.S.C.A. § 22 et seq. The plaintiff was injured when the push-pole snapped during a "poling" operation. A motion for a ruling on this question as the law of the case was made at the Pretrial Conference. The facts are not in dispute....
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