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ATLANTIC COAST LINE RAILROAD CO. v. SHIELDS

Nos. 15193, 15072.

220 F.2d 242 (1955)

ATLANTIC COAST LINE RAILROAD COMPANY, Appellant, v. W. A. SHIELDS and Southern Railway Company, Appellees. W. A. SHIELDS, Appellant, v. ATLANTIC COAST LINE RAILROAD COMPANY and Southern Railway Company, Appellees.

United States Court of Appeals, Fifth Circuit.

March 17, 1955.

Attorney(s) appearing for the Case

No. 15072:

Albert W. Copeland, John C. Godbold, Montgomery, Ala., for appellant.

Marion Rushton, Drayton Hamilton, Evans Hinson, Montgomery, Ala., Edgar A. Stewart, Selma, Ala., for appellees.

No. 15193:

Evans Hinson, John C. Godbold, Albert W. Copeland, Montgomery, Ala., for appellant.

Edgar A. Stewart, Selma, Ala., D. W. Hamilton, Marion Rushton, Montgomery, Ala., for appellees.

Before HUTCHESON, Chief Judge, HOLMES, Circuit Judge, and DAWKINS, District Judge.

HUTCHESON, Chief Judge.

This is another case like O'Donnell v. Elgin, J. & E. Ry. Co., 338 U.S. 384, 70 S.Ct. 200, 94 L.Ed. 187; Carter v. Atlanta & St. A. B. Ry. Co., 338 U.S. 430, 70 S.Ct. 226, 94 L.Ed. 236, and Affolder v. New York, Chicago & St. Louis R. Co., 339 U.S. 96, 70 S.Ct. 509, 94 L.Ed. 683, in which a claimant, for injury resulting from defects...

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