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BOYLE v. CHICAGO, R. I. & P. RY. CO.

No. 8831.

42 F.2d 633 (1930)

BOYLE v. CHICAGO, R. I. & P. RY. CO.

Circuit Court of Appeals, Eighth Circuit.

June 26, 1930.

Attorney(s) appearing for the Case

O. C. Mosman, of Kansas City, Mo. (Mosman, Rogers & Buzard and Clay C. Rogers, all of Kansas City, Mo., on the brief), for appellant.

Hale Houts, of Kansas City, Mo. (Luther Burns, of Topeka, Kan., Henry S. Conrad and L. E. Durham, both of Kansas City, Mo., on the brief), for appellee.

Before STONE and VAN VALKENBURGH, Circuit Judges, and SCOTT, District Judge.

STONE, Circuit Judge.

Appellant filed a suit in the state court alleging personal injury occurring while he was an employee in performance of his duties in interstate commerce. On the ground of diversity of citizenship, defendant filed its petition for removal charging that the allegation as to employment in interstate commerce was falsely and fraudulently made for the purpose of defeating the jurisdiction of the federal court, and it made allegations concerning the...

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