RIVES, Circuit Judge.
This appeal is from a judgment sustaining the defendant's motion to dismiss a complaint brought under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., on the ground that it fails to state a claim upon which relief can be granted.
According to the complaint, the accident occurred on January 15, 1959, at approximately 4:30 P.M. Plaintiff was an employee of the defendant and his duties were in furtherance of interstate...
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