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HARRIS v. RAILWAY EXPRESS AGENCY

No. 3911.

178 F.2d 8 (1949)

HARRIS v. RAILWAY EXPRESS AGENCY, Inc.

United States Court of Appeals Tenth Circuit.

Rehearing Denied December 7, 1949.

Attorney(s) appearing for the Case

Jacob A. Dickinson and David Prager, Topeka, Kan. (Edward Rooney, Topeka, Kan., was with them on the brief), for appellant.

Thomas M. Lillard, Topeka, Kan. (O. B. Eidson, Philip H. Lewis, and James W. Porter, Topeka, Kan., were with him on the brief), for appellee.

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

HUXMAN, Circuit Judge.

This action by appellant, Floyd Harris, was brought in the District Court of Shawnee County, Kansas, to recover damages for personal injuries. The case was removed to the United States District Court for the District of Kansas, First Division. An answer was filed. The depositions of the plaintiff, his wife, and his brother-in-law were taken and filed in court. Thereafter a motion for summary judgment was made by defendant. Upon the hearing of...

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