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  5. 563 S.W.2d 660 (1978)
 

ATCHISON, T. & S. F. RY. CO. v. SMITH

No. 5764.

563 S.W.2d 660 (1978)

The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, et al., Appellants, v. Robert E. SMITH, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied April 6, 1978.

Attorney(s) appearing for the Case

Joe Bruce Cunningham, Hudson, Keltner, Smith, Cunningham & Payne, M. Hendricks Brown, Brown, Crowley, Simon & Peebles, Fort Worth, for appellants.

David H. Burrow, Helm, Pletcher, Hogan & Burrow, Houston, for appellee.

OPINION

JAMES, Justice.

This is a suit by a railroad employee against his employer under the Federal Employers Liability Act, which suit also involves other defendants.

Plaintiff-Appellee Robert E. Smith, a brakeman and sometimes conductor, sued his employer, The Atchison, Topeka and Santa Fe Railway Company (hereinafter called "the Santa Fe"), the Erath Fertilizer Company, Inc. (hereinafter called "Erath Fertilizer") and Farmers Milling Company...

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