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CARTER v. ATLANTA & ST. A. B. RY. CO.

No. 12328.

170 F.2d 719 (1948)

CARTER v. ATLANTA & ST. A. B. RY. CO.

United States Court of Appeals Fifth Circuit.

November 19, 1948.

Attorney(s) appearing for the Case

J. Kirkman Jackson, of Birmingham, Ala., for appellant.

James N. Frazer, of Atlanta, Ga., and Alto V. Lee, III, of Dothan, Ala., for appellee.

Before McCORD and LEE, Circuit Judges, and MIZE, District Judge.

LEE, Circuit Judge.

This suit as originally filed by the appellant, plaintiff below, claimed damages of the appellee, defendant below, under the Federal Employers' Liability Act, 45 U.S. C.A. § 51 et seq., for injuries sustained through the negligence of defendant's employees while he was in the service of the defendant as a trainman on a train being operated by defendant in interstate commerce. By amended petition, he included a

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