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ROGERS v. PEABODY COAL COMPANY

No. 15855.

342 F.2d 749 (1965)

Eleanora B. Cobb ROGERS, Plaintiff-Appellant, v. PEABODY COAL COMPANY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

March 17, 1965.

Attorney(s) appearing for the Case

Grover C. Cox, Central City, Ky., and John W. Beard, Owensboro, Ky., for appellant.

Morton J. Holbrook, Owensboro, Ky., Sandidge, Holbrook, Craig & Hager, Owensboro, Ky., on brief, for appellee.

Before EDWARDS, Circuit Judge, McALLISTER, Senior Circuit Judge and WEINMAN, District Judge.

PER CURIAM.

This appeal arises out of a summary judgment rendered by the District Court against plaintiff, Eleanora B. Cobb Rogers, Administratrix of the Estate of her late husband, Jim Beckham Cobb. The amended complaint set up an action for wrongful death rising out of the alleged negligence of defendant, Peabody Coal Company (hereinafter sometimes referred to as Peabody). Plaintiff alleges, in substance, that her decedent was employed as a welder by West Kentucky...

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