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CHICAGO GREAT WESTERN RY. CO. v. BEECHER

No. 13010.

150 F.2d 394 (1945)

CHICAGO GREAT WESTERN RY. CO. v. BEECHER.

Circuit Court of Appeals, Eighth Circuit.

July 23, 1945.

Attorney(s) appearing for the Case

Harry S. Stearns, of Saint Paul, Minn. (Harry S. Stearns, Jr. and Michael N. Lyons, Jr., both of Saint Paul, Minn., and Donald Evans, of Des Moines, Iowa, on the brief), for appellant.

William H. DeParcq, of Minneapolis, Minn. (Robt. J. McDonald and Donald T. Barbeau, both of Minneapolis, Minn., on the brief), for appellee.

Before SANBORN, WOODROUGH and THOMAS, Circuit Judges.

THOMAS, Circuit Judge.

On November 19, 1942, plaintiff (appellee), a child under three years of age, by his father and natural guardian commenced a common law action against the defendant in the state court of Minnesota to recover damages for personal injuries sustained at Dubuque, Iowa, as a result of the alleged negligence of defendant's employees while operating a freight train through that city on August 19, 1942. About...

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