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FISHER v. MINNEAPOLIS & ST. L. RY. CO.

No. 14500.

199 F.2d 308 (1952)

FISHER v. MINNEAPOLIS & ST. L. RY. CO. et al.

United States Court of Appeals Eighth Circuit.

October 21, 1952.

Attorney(s) appearing for the Case

John H. Mitchell, Ft. Dodge, Iowa (Edward D. Kelly, Harold F. Fristedt, Algona, Iowa, and Philip C. Lovrien, Humboldt, Iowa, were with him on the brief), for appellant.

Maxwell A. O'Brien, Des Moines, Iowa (Parrish, Guthrie, Colflesh & O'Brien, Des Moines, Iowa, were with him on the brief), for appellee Graybar Electric Co., Inc., of New York.

William J. Powell, Minneapolis, Minn. (C. W. Wright, Richard Musenbrock, and George M. Stephenson, Minneapolis, Minn., were with him on the brief), for appellee Minneapolis & St. L. Ry. Co.

Before GARDNER, Chief Judge, and WOODROUGH and THOMAS, Circuit Judges.

WOODROUGH, Circuit Judge.

This action was brought by the qualified administratrix to recover damages for the death of Raymon Edward Fries, alleged to have been caused by negligence of the only defendants in the action at the time of trial, namely, the Graybar Electric Company, Inc., and the Minneapolis and St. Louis Railway Company. There was federal jurisdiction by reason of diversity of citizenship and amount involved and at the conclusion of all of the evidence...

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