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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