STATE v. O'MALLEY

No. WD 49497.

888 S.W.2d 760 (1994)

STATE ex rel., ATCHISON, TOPEKA & SANTA FE RR., Relator, v. Honorable John R. O'MALLEY, Respondent.

Missouri Court of Appeals, Western District.

December 13, 1994.


Attorney(s) appearing for the Case

Douglas R. Dalgleish, Kansas City, for relator.

Daniel J. Cohen, Edwardsville, IL, for respondent.

Before HANNA, P.J., and BRECKENRIDGE and SMART, JJ.


HANNA, Judge.

In the underlying case, plaintiff Charles Herriman seeks to recover damages from relator Atchison, Topeka & Santa Fe Railway Company. Plaintiff Herriman's petition for damages was brought under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq. (FELA), alleging that the relator "by and through its agents and employees" was negligent. Plaintiff's interrogatories sought and obtained the names of three individuals who were identified...

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