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MALVERN GRAVEL COMPANY v. MITCHELL

No. 5-3343.

385 S.W.2d 144 (1964)

MALVERN GRAVEL COMPANY, Appellant, v. Arlie MITCHELL and James Rogers, Appellees.

Supreme Court of Arkansas.

Rehearing Denied January 18, 1965.

Attorney(s) appearing for the Case

Joe W. McCoy, James C. Cole, Malvern, Wood, Chesnutt & Smith, Hot Springs, Rose, Meek, House, Nash, Barron, Nash & Williamson, Little Rock, for appellant.

Lookadoo, Gooch & Lookadoo, Arkadelphia, Wendell Epperson, Malvern, for appellees.

ROBINSON, Justice.

The issue here is whether the appellant, Malvern Gravel Company, is liable under the Federal Employers' Liability Act for injuries sustained by appellees, Arlie Mitchell and James Rogers, who were employees of the gravel company at the time they were injured. There were jury verdicts for the plaintiffs, Mitchell and Rogers. The gravel company has appealed. If there is substantial evidence that the gravel company is a common carrier, within the meaning...

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