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GIFFORD v. WICHITA FALLS & SOUTHERN RAILWAY CO.

No. 15365.

224 F.2d 374 (1955)

Ben N. GIFFORD, Appellant, v. WICHITA FALLS & SOUTHERN RAILWAY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

As Modified on Denial of Rehearing August 9, 1955.

Attorney(s) appearing for the Case

Jack G. Banner, Philip S. Kouri, Wichita Falls, Tex., Kouri & Banner, Wichita Falls, Tex., for appellant.

John H. Alvis, Abilene, Tex., Leslie Humphrey, Wichita Falls, Tex., H. W. Fillmore, Wichita Falls, Tex., J. B. Look, Jr., Dallas, Tex., Bullington, Humphrey, Humphrey & Fillmore, Wichita Falls, Tex., Wagstaff, Harwell, Alvis & Pope, Abilene, Tex., of counsel, for appellee.

Before RIVES, Circuit Judge, and DAWKINS and DE VANE, District Judges.

DE VANE, District Judge.

This action was brought by appellant, hereinafter referred to as plaintiff, under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., to set aside a release executed by him and to recover damages for personal injuries. Plaintiff alleged in his complaint that he was injured while employed by defendant as a bridge carpenter; that he received injuries necessitating the amputation of his right leg, and that he was induced by defendant...

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