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

No. 73-1481.

491 F.2d 892 (1974)

Florence METCALFE, Administratrix of the Estate of John E. Metcalfe, Deceased, Plaintiff-Appellee, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided February 5, 1974.

Rehearing Denied February 28, 1974.

Attorney(s) appearing for the Case

Peter J. Crouse, of Grant, Shafroth, Toll & McHendrie, Denver, Colo., for defendant-appellant.

Daniel D. Sawyer, of Hubbell, Lane & Sawyer, Kansas City, Mo., for plaintiff-appellee.

Before HILL and BARRETT, Circuit Judges, and SMITH, Senior District Judge.

TALBOT SMITH, Senior District Judge.

The present action was instituted in the United States District Court for the District of Colorado by Florence Metcalfe, widow of John E. Metcalfe and administratrix of his estate, against the appellant, Atchison, Topeka and Santa Fe Railway Company, to recover damages under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq., for a violation of the Safety Appliance Act, 45 U.S.C. § 1 et seq., which allegedly...

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