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FICEK v. SOUTHERN PACIFIC COMPANY

No. 19066.

338 F.2d 655 (1964)

William V. FICEK, Appellant, v. SOUTHERN PACIFIC COMPANY, a Delaware corporation, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 22, 1964.

Attorney(s) appearing for the Case

Charles O. Porter, Porter & Bach, Eugene, Or., for appellant.

W. A. Gregory, W. R. Denton, San Francisco, Cal., Koerner, Young, McColloch & Dezendorf, Lewis K. Scott, Portland, Or., for appellee.

Before HAMLEY and BROWNING, Circuit Judges, and FRED M. TAYLOR, District Judge.

BROWNING, Circuit Judge.

Ficek sued Southern Pacific for damages for breach of contract of employment as a conductor. The gravamen of Ficek's complaint was as follows: In settling a prior personal injury action, Southern Pacific had agreed that Ficek could return to duty if he underwent back surgery, and was certified by Southern Pacific's chief surgeon; as physically qualified to perform the required duties Ficek submitted...

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