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ATCHISON, TOPEKA & SANTA FE RAILWAY CO. v. PRESTON

No. 5780.

257 F.2d 933 (1958)

ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, a corporation, Appellant, v. Arzola Virginia PRESTON, as Administratrix of the Estate of Eugene H. Preston, deceased, Appellee.

United States Court of Appeals Tenth Circuit.

August 4, 1958.

Attorney(s) appearing for the Case

W. E. Treadway and Edwin M. Wheeler, Topeka, Kan. (C. J. Putt and J. B. Reeves, Topeka, Kan., on the brief), for appellant.

David Prager and Jacob A. Dickinson, Topeka, Kan. (Sam A. Crow, William W. Dimmitt, Jr., Stanley Roose, and Milford M. Magee, Topeka, Kan., on the brief), for appellee.

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

BRATTON, Chief Judge.

This was an action under the Federal Employers' Liability Act, as amended, 45 U.S.C.A. § 51 et seq. Eugene H. Preston instituted the action against Atchison, Topeka and Santa Fe Railway Company to recover damages for personal injury. Plaintiff died during the pendency of the action; his wife was appointed administratrix of his estate; and she was substituted as party plaintiff. In an amended complaint, filed after the substitution of the...

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