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

No. 71-1734.

464 F.2d 173 (1972)

Katherine JAMES, Administratrix of the Estate of Frank James, Deceased, Plaintiff-Appellant, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 27, 1972.

Attorney(s) appearing for the Case

Melvin L. Robins, Albuquerque, N. M. (Lorenzo A. Chavez, Albuquerque, N. M., on the brief), for plaintiff-appellant.

Jerrald J. Roehl, Albuquerque, N. M. (B. G. Johnson and J. J. Monroe, Albuquerque, N. M., on the brief), for defendant-appellee.

Before LEWIS, Chief Judge, and KILKENNY and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

The district court granted the motion of defendant-appellee Santa Fe for summary judgment based on answers to interrogatories, depositions and affidavits, and the question here presented is whether it was appropriate for the court to determine that defendant had demonstrated beyond reasonable doubt that there were no genuine issues of fact in the case and whether it was proper to enter judgment for the Santa Fe as a matter of law....

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