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ATCHISON, T. & S. F. RY. CO. v. SIMMONS

No. 3189.

153 F.2d 206 (1946)

ATCHISON, T. & S. F. RY. CO. v. SIMMONS.

Circuit Court of Appeals, Tenth Circuit.

January 12, 1946.

Attorney(s) appearing for the Case

E. C. Iden, of Albuquerque, N. M. (B. G. Johnson and James T. Paulantis, both of Albuquerque, N. M., on the brief), for appellant.

H. A. Kiker, of Santa Fe, N. M. (Hildebrand, Bills & McLeod, of Los Angeles, Cal., and Louis H. Brownstone, of San Francisco, Cal., on the brief), for appellee.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.

PHILLIPS, Circuit Judge.

Simmons recovered a judgment against the Atchison, Topeka and Santa Fe Railway Company1 for personal injuries under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. The Railway Company has appealed.

The Railway Company is engaged in railway transportation, both in intrastate and interstate commerce. Simmons was employed as head brakeman on Extra...

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