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TIPTON v. ATCHISON, T. & S. F. RY. CO.

No. 7571.

78 F.2d 450 (1935)

TIPTON v. ATCHISON, T. & S. F. RY. CO.

Circuit Court of Appeals, Ninth Circuit.

June 24, 1935.

Attorney(s) appearing for the Case

Clifton Hildebrand, of Oakland, Cal., for appellant.

Robert Brennan and Leo E. Sievert, both of Los Angeles, Cal., for appellee.

Before WILBUR and GARRECHT, Circuit Judges, and CAVANAH, District Judge.

GARRECHT, Circuit Judge.

Appellant filed in the superior court of the state of California for the county of Fresno a complaint alleging that defendant corporation was authorized to do business in the state of California, and was doing business as a common carrier by railroad of interstate commerce and that its tracks were maintained as a highway of interstate commerce; that he was employed by defendant as a switchman; that while assisting in "spotting" a car at a...

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