PAYNE, Director General of Railroads, et al. v. ROSENZWEIG et al.
(Circuit Court of Appeals, Second Circuit.
December 2, 1922.)
No. 96.
In Error to the District Court of the United States for the Western District of New York. Action by Benjamin Rosenzweig and another, as executors of Patrick Doherty, deceased, against John Barton Payne, Director General of Railroads, as Agent under section 206 of the Transportation Act of 1920, and another. Judgment for plaintiffs (285 Fed. 622), and defendants bring error.
Affirmed.
Locke, Babcock, Spratt & Hollister, of Buffalo, N. Y. (Raymond C. Vaughan, of Buffalo, N. Y., of counsel), for plaintiffs in error. Charles P. O’Neil and Edmund J. Stafford, both of Detroit, Mich., for defendants in error.
Before HOUGH, MANTON, and MAYER, Circuit Judges.
[MAJORITY — PER CURIAM.]
PER CURIAM.
In no substantial way is this case different from Davis v. Rosenzweig, 281 Fed. 1020, decided by this court April 4, 1922. Judgment affirmed, with costs.