FOSTER, Circuit Judge.
In this case the parties occupied the same relative positions in the District Court as they do here and will be so referred to. On March 2, 1925, plaintiff brought suit in a state court to recover damages for personal injuries resulting from an accident occurring near Patterson, La., on June 1, 1922, while he was employed by defendant, alleged to have been caused by the negligence of defendant, and in the alternative for compensation under the...
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