BYERS, District Judge.
This is a defendant's motion for summary judgment in a personal injury case in which the complaint alleges that the defendant's liability to him arises under the Federal Employers' Liability Act, and the Boiler Inspection and Safety Appliance Acts, 45 U.S.C.A. §§ 51 et seq., 22 et seq., 1 et seq.
It clearly appears that the accident occurred on January 21, 1947, when the plaintiff was performing the duties of a hostler on a...
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