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MINNEAPOLIS-MOLINE CO. v. CHICAGO, M., ST. P. & P. R. CO.

No. 14565.

199 F.2d 725 (1952)

MINNEAPOLIS-MOLINE CO. v. CHICAGO, M., ST. P. & P. R. CO.

United States Court of Appeals Eighth Circuit.

November 7, 1952.

Attorney(s) appearing for the Case

Charles A. Bassford, Minneapolis, Minn. (Bergmann Richards, Minneapolis, Minn., and Richards, Janes, Hoker, Montgomery & Cobb, Minneapolis, Minn., on the brief), for appellant.

A. C. Erdall, Minneapolis, Minn. (S. W. Rider, Jr., J. R. Scoggin, Minneapolis, Minn., M. L. Bluhm and C. L. Taylor, Chicago, Ill., on the brief), for appellee.

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

GARDNER, Chief Judge.

As originally instituted this was an action brought by Patrick Bath against Chicago, Milwaukee, St. Paul and Pacific Railroad Company to recover damages on account of personal injuries. Jurisdiction was based on diversity of citizenship and the requisite amount involved. Bath alleged in his complaint that the Railroad Company maintained certain railroad tracks in the vicinity of one of the Minneapolis-Moline Company plants in the city of Minneapolis...

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