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ANTHONY v. LOUISIANA & ARKANSAS RAILWAY COMPANY

No. 17020.

316 F.2d 858 (1963)

Nina N. ANTHONY and Graydon Anthony, Partners, d/b/a Graydon Anthony Lumber Company, Appellants, v. LOUISIANA & ARKANSAS RAILWAY COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

April 30, 1963.

Attorney(s) appearing for the Case

Boyd Tackett, Shaver, Tackett & Jones, Texarkana, Ark., for appellant.

LeRoy Autrey, Texarkana, Ark., was with him on the brief.

Bradley D. Jesson, Hardin, Barton & Hardin, Fort Smith, Ark., for appellee and P. H. Hardin, of Hardin, Barton & Hardin, Fort Smith, Ark., was with him on the brief.

Before VOGEL and VAN OOSTERHOUT, Circuit Judges, and VAN PELT, District Judge.

PER CURIAM.

This action was brought by the Railroad to recover from the Lumber Company partners amounts paid an injured railroad brakeman, Herman Cloudy, under the Federal Employers' Liability Act. The case was tried to the court without a jury. The court found for plaintiff in an opinion reported as Louisiana & Arkansas Ry. v. Anthony, D.C. W.D.Ark., 199 F.Supp. 286.

The questions presented on this appeal are:

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