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ROSE v. GREAT NORTHERN RAILWAY COMPANY

No. 16087.

268 F.2d 674 (1959)

Guy ROSE, Appellant, v. GREAT NORTHERN RAILWAY COMPANY, and International Brotherhood of Firemen and Oilers, Helpers, Roundhouse and Railway Shop Laborers, Appellees.

United States Court of Appeals Eighth Circuit.

June 30, 1959.

Attorney(s) appearing for the Case

Robert Vaaler, Grand Forks, N. D. (Day, Stokes, Vaaler & Gillig, Grand Forks, N. D., on the brief), for appellant.

Richard R. Lyman, Toledo, Ohio, and J. R. Walker, St. Paul, Minn. (Anthony Kane, St. Paul, Minn., Herbert G. Nilles, Fargo, N. D., and Harold D. Shaft, Grand Forks, N. D., with them on the brief), for appellees.

Before GARDNER, Chief Judge, and WOODROUGH and MATTHES, Circuit Judges.

WOODROUGH, Circuit Judge.

There was diversity of citizenship between the parties in this case and more than three thousand dollars exclusive of interest and costs in controversy.

The plaintiff alleged in his amended complaint that he

"entered the employ of the defendant on or about the 10th day of September, 1928, and thereafter worked in various capacities until March 3, 1954, at which time

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