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LOUISVILLE & N. R. CO. v. BRITTAIN

No. 8589.

93 F.2d 159 (1937)

LOUISVILLE & N. R. CO. v. BRITTAIN.

Circuit Court of Appeals, Fifth Circuit.

December 8, 1937.

Attorney(s) appearing for the Case

Chas. H. Eyster, of Decatur, Ala., and White E. Gibson, of Birmingham, Ala., for appellant.

Horace C. Alford and G. R. Harsh, Jr., both of Birmingham, Ala., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit, under the Federal Employers' Liability Act (45 U.S.C.A. §§ 51-59), was for damages for personal injuries. The claim was that defendant was a common carrier engaged in interstate commerce; that plaintiff was an employee of defendant in the Bridges and Buildings Department; and that when injured by defendant's negligence, he was engaged in interstate transportation, or in work so close to it as to be practically a part of...

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