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UNITED STATES v. CHICAGO, R. I. & P. RY. CO.

No. 3701.

171 F.2d 377 (1948)

UNITED STATES v. CHICAGO, R. I. & P. RY. CO.

United States Court of Appeals Tenth Circuit.

Rehearing Denied January 17, 1949.

Attorney(s) appearing for the Case

Robert E. Shelton, U. S. Atty., of Oklahoma City, Okl., for appellant.

J. I. Gibson, of Oklahoma City, Okl. (Savage, Gibson & Benefield, of Oklahoma City, Okl., on the brief), for appellee.

Before PHILLIPS, Chief Judge, and BRATTON and MURRAH, Circuit Judges.

BRATTON, Circuit Judge.

Certain railway tracks within Fort Sill, a military reservation in Oklahoma, were owned by the United States, were maintained by the Army, and were used by the Chicago, Rock Island and Pacific Railway Company as a common carrier in the performance of its services within the fort. Ernest Eitel was employed as a brakeman for the company. An engine of the company was moving along one of the tracks in the course of its operational activities. Eitel...

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