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KILPATRICK v. TEXAS & PACIFIC R. CO.

No. 233, Misc.

337 U.S. 75 (1949)

KILPATRICK v. TEXAS & PACIFIC RAILWAY CO.

Supreme Court of United States.

Decided May 31, 1949.

Attorney(s) appearing for the Case

William H. DeParcq argued the cause for petitioner. With him on the brief were Gerald F. Finley and Arnold B. Elkind.

Porter R. Chandler argued the cause for respondent. With him on the brief were Theodore Kiendl, Cleveland C. Cory and William H. Timbers.

Frank Y. Gladney, James C. Jones, Jr. and Lon Hocker, Jr. filed a brief for the New York, Chicago & St. Louis Railroad Co., as amicus curiae, in support of respondent.

MR. CHIEF JUSTICE VINSON delivered the opinion of the Court.

This litigation has a rather involved history. In 1946, while in the employ of respondent railroad, petitioner was seriously injured in an accident at Big Spring, Texas. Petitioner promptly brought suit under the Federal Employers' Liability Act1 in the United States District Court for the Southern District of New York. That court dismissed...

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