28 N.E.2d 586
No. 28205Supreme Court of Ohio.
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 an 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
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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.