PER CURIAM:
Appellant Adkins, while employed in 1952 as a section hand by Kelly's Creek Railroad Company (hereafter "the railroad" or "Kelly's Creek"), sustained an injury necessitating the amputation of his left foot and ankle.
At trial, Adkins stated that he returned to work when he had sufficiently recovered from his injury and, pursuant to an oral agreement with the railroad, he did not bring an action under the F.E.L.A.
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