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DAVIDSON v. GARDNER

Nos. 9515, 9516.

172 F.2d 188 (1949)

DAVIDSON et al. v. GARDNER (two cases).

United States Court of Appeals Seventh Circuit.

January 28, 1949.

Attorney(s) appearing for the Case

William H. De Parcq and Robert J. Martineau, both of Chicago, Ill., and Donald T. Barbeau, of Minneapolis, Minn., for Davidson.

Douglas C. Moir and Edward J. Wendrow, both of Chicago, Ill., for Gardner.

George B. Christensen, of Chicago (Winston. Strawn, Shaw & Black, of Chicago, Ill., of counsel), for Henry A. Gardner, Trustee of the Railroads and Properties of Alton R. Co.

Before MAJOR, Chief Judge, KERNER, Circuit Judge, and LINDLEY, District Judge.

MAJOR, Chief Judge.

This action was brought in the United States District Court for the Northern District of Illinois against the Burlington Railroad Company (hereinafter referred to as the Burlington) and Henry A. Gardner, Trustee of the Alton Railroad Company (hereinafter referred to as the Alton), to recover damages for the wrongful death of Martin M. Davidson, which occurred at Kansas City, Missouri, on November 3, 1945, while he was employed as a switchman for...

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