NORTHWESTERN PAC. R. CO. v. FIEDLER

No. 6322.

52 F.2d 400 (1931)

NORTHWESTERN PAC. R. CO. v. FIEDLER.

Circuit Court of Appeals, Ninth Circuit.

September 14, 1931.


Attorney(s) appearing for the Case

Orrick, Palmer & Dahlquist, of San Francisco, Cal., for appellant.

Thomas F. McCue and Clifton Hildebrand, both of San Francisco, Cal., for appellee.

Before RUDKIN, WILBUR, and SAWTELLE, Circuit Judges.


SAWTELLE, Circuit Judge.

This was an action brought in the United States District Court for the Northern District of California, Southern Division, under the Federal Employers' Liability Act (45 USCA §§ 51-59) to recover damages for injuries alleged to have been received by plaintiff, appellee, while he was employed by defendant, appellant, in interstate commerce.

The complaint, inter alia, alleges:

"That on or about the 21st day of November...

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