KLOEB, District Judge.
This matter is before the Court on motion of defendant for summary judgment, together with motion of plaintiff for dismissal of motion for summary judgment because the defendant has raised issues of fact in its pleadings, brief and affidavit and has abandoned its motion for summary judgment.
The petition alleges that plaintiff, on September 23, 1948, was employed as an oiler by one Frank W. Albert, who conducted a strip coal mining operation...
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