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SOUTHERN RAILWAY COMPANY v. FOX

No. 21176.

339 F.2d 560 (1964)

SOUTHERN RAILWAY COMPANY, Appellant, v. Ernest I. FOX et al., Appellees.

United States Court of Appeals Fifth Circuit.

As Amended January 20, 1965.

Rehearing Denied February 16, 1965.

Attorney(s) appearing for the Case

James H. Moore, Atlanta, Ga., Greene, Neely, Buckley & DeRieux, Atlanta, Ga., for appellant.

John Bacheller, Jr., C. James Jessee, Jr., Fisher & Phillips, Atlanta, Ga., Smith, Swift, Currie, McGhee & Hancock, Atlanta, Ga., for appellee The Mimeograph Co.

H. A. Stephens, Jr., Smith, Field, Ringel, Martin & Carr, Atlanta, Ga., for appellee A. B. Dick Co.

Before TUTTLE, Chief Judge, BELL, Circuit Judge, and WHITEHURST, District Judge.

WHITEHURST, District Judge:

This is an appeal from a judgment for plaintiff and an order of dismissal of appellant's Third-Party Complaint in a personal injury case brought under Title 45 U.S.Code § 51 et seq. (Federal Employers' Liability Act).

The plaintiff below was employed in the Auditing Passenger Ticket Department of the Southern Railway Company. At the time of his injury, he was cleaning an A. B. Dick Offset Duplicator Machine, which had been...

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