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REYNOLDS v. DENVER & RIO GRANDE WESTERN R. CO.

No. 3813.

174 F.2d 673 (1949)

REYNOLDS v. DENVER & RIO GRANDE WESTERN R. CO. et al.

United States Court of Appeals Tenth Circuit.

Rehearing Denied June 13, 1949.

Attorney(s) appearing for the Case

Paul E. Reimann, Salt Lake City, Utah (T. Quentin Cannon, Salt Lake City, Utah, on the brief), for appellant.

Dennis McCarthy, Salt Lake City, Utah (Waldemar Q. Van Cott and Grant H. Bagley, Salt Lake City, Utah, on the brief), for appellees.

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

HUXMAN, Circuit Judge.

This is an appeal by Roger F. Reynolds, from the judgment of the United States District Court for the District of Utah, dismissing with prejudice his action against the Denver and Rio Grande Western Railroad Company,1 and its Trustees.

Appellant was an employee of the Railroad Company in the capacity of an engineer. He was accused of having failed to respond to a call to take an engine out on a run on the...

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