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MIDDLETON v. SOUTHERN PAC. CO.

No. 6696.

61 F.2d 929 (1932)

MIDDLETON v. SOUTHERN PAC. CO.

Circuit Court of Appeals, Fifth Circuit.

December 8, 1932.

Attorney(s) appearing for the Case

Gowan Jones, of El Paso, Tex., for appellant.

Del W. Harrington, of El Paso, Tex., for appellee.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

Middleton prosecutes this appeal from a verdict directed against him on the ground that his case is not one under the Federal Employers' Liability Act (45 USCA §§ 51-59). The District Judge thought the case ruled by our opinion on the former appeal. Southern Pacific Co. v. Middleton, 54 F.2d 833, 834. We think so too.

On the former trial it appeared that prior to engaging in the work which...

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