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ATCHISON, T. & S. F. R. CO. v. WOTTLE

No. 4305.

193 F.2d 628 (1952)

ATCHISON, T. & S. F. R. CO. v. WOTTLE.

United States Court of Appeals Tenth Circuit.

January 9, 1952.

Attorney(s) appearing for the Case

E. C. Iden, Albuquerque, N. M. (R. S. Outlaw, Chicago, Ill. and B. G. Johnson, Albuquerque, N. M., on the brief), for appellant.

Francis T. O'Donnell, Gallup, N. M., for appellee.

Before BRATTON, MURRAH and PICKETT, Circuit Judges.

MURRAH, Circuit Judge.

Invoking the provisions of the Federal Employers' Liability Act of April 22, 1908, as amended, 45 U.S.C.A. 51 et seq., Clementin Wottle, Administrator of the Estate of Edward Begay, deceased, instituted this action against the Atchison, Topeka and Santa Fe Railway Company, to recover damages for the injury and death of the deceased. It was alleged in the complaint that while the deceased was an employee of the Railway Company, and acting within...

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