HUNTER v. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY

No. 10154.

433 F.2d 352 (1970)

Frank J. HUNTER, Appellant, v. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, a corporation, and St. Louis-San Francisco Railway Company, a corporation, Appellees.

United States Court of Appeals, Tenth Circuit.

October 27, 1970.


Attorney(s) appearing for the Case

Clem H. Stephenson, Seminole, Okl. (Roehm A. West, Tulsa, Okl., was with him on the brief), for appellant.

William J. Ross, of Rainey, Flynn, Welch, Wallace, Ross & Cooper, Oklahoma City, Okl., for Missouri-Kansas-Texas RR. Co.

Ben Franklin, of Franklin, Harmon & Satterfield, Inc., Oklahoma City, Okl., for St. Louis-San Francisco Ry. Co.

Before LEWIS, Chief Judge, JOHN R. BROWN, Chief Judge, and SETH, Circuit Judge.


PER CURIAM.

This appeal was taken from a judgment entered in the United States District Court for the Northern District of Oklahoma adverse to appellant on a claim for damages for personal injuries suffered and caused by the alleged negligence of the appellee railroads. Recovery was denied by the court, sitting without a jury, on a factual finding that appellant was guilty of contributory negligence and the legal conclusion that appellant, a non-employee of the railroads...

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