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SOUTHERN PAC. CO. v. LIBBEY

No. 13078.

199 F.2d 341 (1952)

SOUTHERN PAC. CO. v. LIBBEY.

United States Court of Appeals Ninth Circuit.

October 1, 1952.

Attorney(s) appearing for the Case

Arthur B. Dunne, Dunne, Dunne & Phelps, San Francisco, Cal., for appellant.

Daniel V. Ryan, Thomas C. Ryan, Ryan & Ryan, San Francisco, Cal., for appellee.

Before HEALY, BONE and POPE, Circuit Judges.

POPE, Circuit Judge.

Libbey brought this action against the Southern Pacific Company to recover damages for injuries received by him at a time when he claimed that he was an employee of the Company and entitled to the benefits of the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq.1 The appeal is from a judgment in his favor.

At the time in question Libbey was in the Company's roundhouse at Roseville, California...

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