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BURGERT v. UNION PACIFIC RAILROAD COMPANY

No. 15625.

240 F.2d 207 (1957)

Clyde C. BURGERT, Appellant, v. UNION PACIFIC RAILROAD COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

January 16, 1957.

Attorney(s) appearing for the Case

Kaer P. Vanice, II, Kansas City, Mo. (Edwin Earnshaw and Kirchner & Vanice, Kansas City, Mo., on the brief), for appellant.

Melvin J. Spencer, Kansas City, Mo. (Douglas Stripp and Watson, Ess, Marshall & Enggas, Kansas City, Mo., on the brief), for appellee.

Before GARDNER, Chief Judge, and VAN OOSTERHOUT and WHITTAKER, Circuit Judges.

GARDNER, Chief Judge.

This action was brought by appellant against the Union Pacific Railroad Company to recover damages for personal injuries alleged to have been suffered by him as a result of an assault and battery by an employee of the Union Pacific Railroad Company.

The parties will be referred to as they were designated in the trial court. By count I of his complaint plaintiff in effect alleged that at all times pertinent to the issues here involved...

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