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

No. 4676.

211 F.2d 264 (1954)

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

United States Court of Appeals Tenth Circuit.

Rehearing Denied April 9, 1954.

Attorney(s) appearing for the Case

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

James B. Cooney, Las Cruces, N. M. (P. H. Dunleavy, Albuquerque, N. M., on the brief), for appellee.

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

BRATTON, Circuit Judge.

Henry E. Andrews sued The Atchison, Topeka and Santa Fe Railway Company to recover damages for the alleged breach by wrongful termination of a contract between the parties in which defendant employed plaintiff to dig or drill certain test holes for the discovery or development of uranium. A copy of the contract was attached to the complaint. It was in the form of a letter written by the defendant to plaintiff and accepted by the latter. It...

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