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ST. LOUIS-SAN FRANCISCO RY. CO. v. EWAN

No. 7723.

26 F.2d 619 (1928)

ST. LOUIS-SAN FRANCISCO RY. CO. v. EWAN.

Circuit Court of Appeals, Eighth Circuit.

May 16, 1928.

Attorney(s) appearing for the Case

Hale Houts, of Kansas City, Mo. (E. T. Miller, of St. Louis, Mo., and Henry S. Conrad and L. E. Durham, both of Kansas City, Mo., on the brief), for plaintiff in error.

Ira B. Burns, of Kansas City, Mo. (Paul T. White, of Kansas City, Mo., on the brief), for defendant in error.

Before STONE, Circuit Judge, and OTIS, District Judge.

OTIS, District Judge.

The defendant in error, who was plaintiff below and will be referred to herein as the plaintiff, at the time of the injury on account of which this suit was brought, was employed by the Quality Coal Company, which was engaged in operating a coal mine near Arcadia, Kan. Cars for the transportation of coal mined by the plaintiff's employer were supplied by the plaintiff in error, herein referred to as the

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