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SHEAF v. MINNEAPOLIS, ST. P. & S. S. M. R. CO.

No. 13488.

162 F.2d 110 (1947)

SHEAF v. MINNEAPOLIS, ST. P. & S. S. M. R. CO. et al.

Circuit Court of Appeals, Eighth Circuit.

June 18, 1947.

Attorney(s) appearing for the Case

P. W. Lanier, of Fargo, N. D. (P. W. Lanier, Jr., of Fargo, N. D., on the brief), for appellant.

Fordyce W. Crouch, of Minneapolis, Minn. (John F. Sullivan, of Mandan, N.D., and James L. Hetland, of Minneapolis, Minn., on the brief) for appellee Railroad Company.

L. W. Rulien, of Thief River Falls, Minn. (H. O. Chommie, of Thief River Falls, Minn., on the brief), for appellee C. Johnson.

Before GARDNER, WOODROUGH, and THOMAS, Circuit Judges.

THOMAS, Circuit Judge.

The appellant, Carl Sheaf, a railroad conductor, brought this action under the Federal Employers' Liability Act, 45 U.S.C.A. § 51, against the defendant railroad company and C. Johnson, a railroad engineer, for damages for personal injuries sustained by the plaintiff as a result of an alleged unprovoked attack made upon him by Johnson in the yards of the company at the town of Balta, North Dakota, on May 31, 1946. At the time of the injury...

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