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DUNCAN v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY

No. 72-1399.

480 F.2d 79 (1973)

Clyde H. DUNCAN, Plaintiff-Appellee, v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, a Corporation, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 15, 1973.

Rehearing and Rehearing Denied June 20, 1973.

Attorney(s) appearing for the Case

John L. Davidson, Jr., Robert M. Hamlett, Greenfield, Davidson & Mandelstamm, St. Louis, Mo., for defendant-appellant; Donald E. Engle, W. W. Dalton, St. Louis, Mo., of counsel.

Mortimer A. Rosecan, St. Louis, Mo., for plaintiff-appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, and MEHAFFY and HEANEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 20, 1973.

HEANEY, Circuit Judge.

The defendant appeals from a jury verdict of $94,000 awarded to its employee in an action under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq.

Duncan, a locomotive engineer, employed by the St. Louis-San Francisco Railway Company (Frisco), sustained injuries when the train he was operating on a run from Memphis, Tennessee, to St. Louis, Missouri, collided...

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