311 F. 2d 224 - Harrison v. Pennsylvania Railroad

Robert Dorrell, Toledo, Ohio (Reams, Bretherton & Neipp, Toledo, Ohio, on the brief), for appellant.

Carl V. Bruggeman, Toledo, Ohio (Shumaker, Loop & Kendrick, John W. Hackett, Jr., Toledo, Ohio, on the brief), for appellee.

Before McALLISTER and WEICK, Circuit Judges, and BOYD, District Judge.

This cause came on to be heard on the briefs, argument of counsel, and the full record in the case;

And it appearing after due consideration thereof that the action of the District Judge in granting defendant-appellee's motion to dismiss the complaint of plaintiff-appellant herein for failure to state a claim upon which the relief sought could be granted constitutes no reversible error;

It is therefore ordered and adjudged that the judgment of the District Court be and the same is hereby affirmed.