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WILKINSON v. POWELL

No. 11175.

149 F.2d 335 (1945)

WILKINSON v. POWELL et al.

Circuit Court of Appeals, Fifth Circuit.

April 11, 1945.

Attorney(s) appearing for the Case

Julius F. Parker and Leo L. Foster, both of Tallahassee, Fla., for appellant.

Lawrence A. Truett and Chas. S. Ausley, both of Tallahassee, Fla., for appellees.

Before SIBLEY, WALLER, and LEE, Circuit Judges.

LEE, Circuit Judge.

Appellant brought this suit under the Federal Employers' Liability Act, 45 U. S.C.A. §§ 51-60. He averred that on December 15, 1941, appellees were operating a train in interstate commerce in the State of South Carolina; that he was employed by appellees to operate the said train and was negligently put to work on or about said train where the roadbed and right-of-way, due to negligence of defendants, was unsafe; and that while so working...

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