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OWENS v. ATCHISON, TOPEKA AND SANTA FE RAILWAY CO.

No. 25134.

393 F.2d 77 (1968)

Perry J. OWENS, Appellant, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 28, 1968.

Attorney(s) appearing for the Case

Otto B. Mullinax, Mullinax, Wells, Mauzy, Levy & Richards, Dallas, Tex., for appellant.

Joe Bruce Cunningham, Luther Hudson, Hudson, Keltner, Smith & Cunningham, Fort Worth, Tex., for appellee.

Before THORNBERRY, AINSWORTH and DYER, Circuit Judges.

Rehearing En Banc Denied May 28, 1968.

PER CURIAM:

This Federal Employers' Liability Act suit, 45 U.S.C. § 51, arose out of an accident that occurred while Appellant Owens, an employee of appellee, was working with a rivet gang of carmen in repairing a pulpwood car at one of appellee's railroad yards in Texas. During the work, one of the other employees, John Johnson, missed his footing on a beam and fell on Owens thereby injuring him. Appellant brought...

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