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FENDER v. ST. LOUIS SOUTHWESTERN RAILWAY COMPANY

No. 18340.

513 S.W.2d 131 (1974)

Donald G. FENDER, Appellant, v. ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied July 8, 1974.

Attorney(s) appearing for the Case

Alfred W. Ellis, Woodruff & Smith, Dallas, for appellant.

Robert A. Wooldridge, Worsham, Forsythe & Samples, Dallas, for appellee.

CLAUDE WILLIAMS, Chief Justice.

Donald G. Fender appeals from a takenothing summary judgment against him in his action against St. Louis Southwestern Railway Company based upon the Federal Employers Liability Act (FELA), 45 U.S. C. §§ 51-60 (1972). Two questions are presented: (1) Did the trial court err in sustaining the motion for summary judgment filed by the railway company on the ground that Fender's cause...

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