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PARDEN v. TERMINAL RAILWAY OF ALABAMA STATE DOCKS DEPT.

No. 19519.

311 F.2d 727 (1963)

R. B. PARDEN et al., Appellants, v. TERMINAL RAILWAY OF the ALABAMA STATE DOCKS DEPARTMENT et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 27, 1963.

Attorney(s) appearing for the Case

T. M. Conway, Jr., Al. G. Rives, Birmingham, Ala., Rives, Peterson, Pettus & Conway, Birmingham, Ala., of counsel, for appellants.

Willis C. Darby, Jr., N. S. Hare, Mobile, Ala., MacDonald Gallion, Atty. Gen., Leslie Hall, Asst. Atty. Gen., Montgomery, Ala., for respondent.

Before RIVES, CAMERON and BROWN, Circuit Judges.

CAMERON, Circuit Judge.

This appeal involves the question whether the State of Alabama may be sued by its citizen in a District Court of the United States on a claim based upon the Federal Employers Liability Act1 for damages for personal injuries sustained by its citizen while employed by a railroad belonging to the State of Alabama which was operated as a common carrier in interstate commerce and

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