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LILLIE v. THOMPSON

No. 10745.

173 F.2d 481 (1949)

LILLIE v. THOMPSON.

United States Court of Appeals Sixth Circuit.

March 28, 1949.

Attorney(s) appearing for the Case

Grover N. McCormick, of Memphis, Tenn. (N. Murry Edwards, of St. Louis, Mo., and Grover N. McCormick, of Memphis, Tenn., on the brief), for appellant.

Cooper Turner, Jr., of Memphis, Tenn. (Cooper Turner, Jr., of Memphis, Tenn. of Counsel: Canada, Russell & Turner, of Memphis, Tenn., on the brief), for appellee.

Before HICKS, Chief Judge, and SIMONS and MILLER, Circuit Judges.

HICKS, Chief Judge.

Appellant sued appellee for damages for personal injuries under the Federal Employers' Liability Act, § 1, 45 U.S.C.A. § 51. The gravamen of her claim was that appellee ordered her to a place of work which they knew, or by the exercise of reasonable care should have known, to be unsafe, and without taking reasonable care for her protection.

On motion of appellee the District Court dismissed the complaint for failure to state a...

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