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ATLAS POWDER CO. v. HANSON

No. 12473.

136 F.2d 444 (1943)

ATLAS POWDER CO. v. HANSON.

Circuit Court of Appeals, Eighth Circuit.

June 21, 1943.

Attorney(s) appearing for the Case

Haywood Scott, of Joplin, Mo. (Thomas J. Laffey, Jr., of Wilmington, Del., Leslie A. Welch and Richard H. Beeson, both of Kansas City, Mo., and John W. Scott, of Joplin, Mo., on the brief), for appellant.

Lloyd R. Fraker, of Kansas City, Mo. (Brennan & Fraker and Redmond S. Brennan, all of Kansas City, Mo., on the brief), for appellee.

Before SANBORN, WOODROUGH, and RIDDICK, Circuit Judges.

WOODROUGH, Circuit Judge.

The plaintiff recovered judgment for $5,000 in an action for damages for negligence resulting in personal injuries sustained by him on October 24, 1940, while working as a steamfitter at defendant's plant at Atlas, near Joplin, Missouri. The case was removed from the State to the Federal court for diversity of citizenship and trial there was to the court without a jury. The defendant has appealed.

The sole controversy here is presented...

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