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CONLEY v. DENVER AND RIO GRANDE WESTERN RAILROAD CO.

Civ. A. No. 5988.

226 F.Supp. 661 (1962)

Erma Maxine CONLEY, Administratrix of the Estate of Leslie S. Conley, Deceased, Plaintiff, v. The DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, a corporation, Defendant and Third-Party Plaintiff, v. AMERICAN REFRIGERATOR TRANSIT COMPANY, a New Jersey corporation, Third-Party Defendant and Second Third-Party Plaintiff, v. MISSOURI PACIFIC RAILROAD COMPANY, a Missouri corporation, Second Third-Party Defendant.

United States District Court D. Colorado.

November 14, 1962.

Attorney(s) appearing for the Case

Wood, Ris & Hames, William K. Ris, Denver, Colo., for American Refrigerator Transit Co., third-party defendant and second third-party plaintiff.

Preston & Altman, Leo S. Altman, Pueblo, Colo., for Missouri Pac. R. Co., second third-party defendant.

ARRAJ, Chief Judge.

This action was originally based upon a claim arising under the F.E.L.A., 45 U.S.C. § 51 et seq., for the death of the plaintiff's husband, a railroad employee who died after receiving a back injury which was caused by a deteriorated section of track in a certain leased industrial railroad yard in Pueblo, Colorado, wherein the decedent was working as a business invitee of the lessee. The issue...

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