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HERICKS v. HOGAN

No. 73-1297.

502 F.2d 795 (1974)

Lambert HERICKS, Petitioner, v. Honorable Timothy S. HOGAN, and Penn Central Transportation Co., Respondents.

United States Court of Appeals, Sixth Circuit.

August 28, 1974.

Attorney(s) appearing for the Case

Walter C. Beall, Beall, Hermanies & Bortz, Cincinnati, Ohio, on brief for Lambert Hericks.

Gerald J. Rapien, Taft, Stettinius & Hollister, Cincinnati, Ohio, on brief for Penn Central Transportation Co.

Before CELEBREZZE, PECK and McCREE, Circuit Judges.

PER CURIAM.

Petitioner was injured after being pinned between a tank car and a repair truck while working for Respondent Penn Central Railroad (hereinafter "Respondent"). He sued Respondent under the Federal Employers' Liability Act (hereinafter FELA), 45 U.S.C. § 51 et seq., seeking compensation for personal injuries and expenses caused by the railroad's alleged negligence.

During pretrial proceedings, Petitioner discovered that Respondent had scheduled...

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