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Baltimore Ohio Rd. Co. v. Kepner

Supreme Court of Ohio
Jul 10, 1940
137 Ohio St. 206 (Ohio 1940)

Opinion

No. 28205

Decided July 10, 1940.

Venue — Action under Federal Employers' Liability Act — Ohio resident injured in Ohio — Action in U.S. District Court in New York not enjoined — Supreme Court — Affirmance — Judges equally divided.

CERTIFIED by the Court of Appeals of Hamilton county.

Messrs. Waite, Schindel Bayless, Mr. Herbert Shaffer and Mr. Philip J. Schneider, for appellant.

Messrs. Borden Gaines, Mr. Edward M. Ballard and Mr. George Metzger, for appellee.



It appearing that the judges of the court are equally divided in opinion as to the merits of this case and are for that reason unable to agree upon a judgment, and the entry of that fact constituting an affirmance of the judgment of the Court of Appeals, it is ordered that said judgment be affirmed.

Judgment affirmed.

DAY, WILLIAMS and HART, JJ., concur.


Summaries of

Baltimore Ohio Rd. Co. v. Kepner

Supreme Court of Ohio
Jul 10, 1940
137 Ohio St. 206 (Ohio 1940)
Case details for

Baltimore Ohio Rd. Co. v. Kepner

Case Details

Full title:THE BALTIMORE OHIO RD. CO., APPELLANT v. KEPNER, APPELLEE

Court:Supreme Court of Ohio

Date published: Jul 10, 1940

Citations

137 Ohio St. 206 (Ohio 1940)
28 N.E.2d 586

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