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SPEARS v. ATCHISON, TOPEKA AND SANTA FE RAILWAY CO.

No. 12205.

255 F.2d 780 (1958)

Rosalie SPEARS, Administratrix of the estate of Leo Spears, deceased, Plaintiff-Appellee, v. ATCHISON, TOPEKA and SANTA FE RAILWAY CO., a corporation, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied June 25, 1958.

Attorney(s) appearing for the Case

Harlan L. Hackbert, Chicago, Ill., Floyd J. Stuppi, John J. Schmidt, Chicago, Ill., for appellant. Stevenson, Conaghan, Velde & Hackbert, Chicago, Ill., of counsel.

Joseph Barbera, Chicago, Ill., for appellee.

Before FINNEGAN, SCHNACKENBERG and HASTINGS, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

Defendant appeals from a judgment in favor of Spears, on a verdict in an action under the Federal Employers' Liability Act.2 The errors relied upon arise out of the failure of the court to grant defendant's motions for a directed verdict or for judgment notwithstanding the verdict.

The following statement of facts is supported by evidence.

Spears,...

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