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ATKINSON v. ATCHISON, TOPEKA & SANTA FE RY. CO.

Nos. 4425, 4426.

197 F.2d 244 (1952)

ATKINSON v. ATCHISON, TOPEKA & SANTA FE RY. CO. LEE et al. v. ATCHISON, TOPEKA & SANTA FE RY. CO.

United States Court of Appeals Tenth Circuit.

June 6, 1952.

Attorney(s) appearing for the Case

Butts & Grosenbaugh, Hollywood, Cal., and C. Vance Mauney, Albuquerque, N. M., for appellants.

E. C. Iden and Bryan G. Johnson, Albuquerque, N. M., for appellee.

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

MURRAH, Circuit Judge.

These actions were brought in the United States District Court of New Mexico to recover damages for personal injuries sustained when the automobile in which the plaintiffs were riding collided with a switch engine, alleged to have been negligently operated by the defendant The Atchison, Topeka and Santa Fe Railway Company. The defendant denied negligence and affirmatively pleaded contributory negligence. Diversity of citizenship and the amount...

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