Opinion
No. 30, Docket 21035.
October 21, 1948.
On appeal from a judgment of the United States District Court for the Southern District of New York summarily dismissing a complaint under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq.
Laurie J. Carpenter, pro se.
Edward J. McGratty, Jr., and Davis, Polk, Wardell, Sunderland Kiendl, all of New York City, for appellee.
Before L. HAND, Chief Judge, and SWAN and CHASE, Circuit Judges.
Affirmed on the authority of Michalek v. United States Gypsum Company, 2 Cir., 76 F.2d 115, and Moore v. Atchison, Topeka and Santa Fe Railroad, 187 Okla. 534, 104 P.2d 236.