ENOCHS v. PITCAIRN

No. 1725.

55 F.Supp. 138 (1944)

ENOCHS v. PITCAIRN et al.

District Court, W. D. Missouri, W. D.

March 30, 1944.


Attorney(s) appearing for the Case

Trusty & Pugh, of Kansas City, Mo., for plaintiff.

Sam B. Sebree and John S. Marley (of Sebree, Shook & Gisler), both of Kansas City, Mo., for defendant Wabash R. Co.


REEVES, District Judge.

The only question for decision is whether the Wabash Railroad Company, a corporation, having taken over the assets and assumed the liabilities of the Wabash Railway Company, is entitled to remove a pending case in a state court based upon the Federal Employers' Liability Act, 45 U. S.C.A. § 1 et seq.

It appears that the Wabash Railway Company was in receivership. During the operation of the road by the receivers plaintiff claims...

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