BOOTH, Circuit Judge.
This is an appeal by the J. I. Case Threshing Machine Company, defendant below, from a judgment against it in an action brought by appellee on account of personal injury sustained by an employee of appellee. The action was brought pursuant to the provisions of section 11 of the Workmen's Compensation Act of Missouri (section 13672a 10, 1927 Suppl. Mo. Rev. Stat. 1919), which reads as follows:
"Where a third person is liable to the employee...
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