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

Civ. A. 49 C 1756.

96 F.Supp. 864 (1951)

FUTHEY v. ATCHISON, T. & S. F. RY. CO. et al.

United States District Court N. D. Illinois, E. D.

January 26, 1951.

Attorney(s) appearing for the Case

Wm. R. Murphy, John J. Enright, and Charles A. Boyle, Chicago, Ill., for plaintiff.

W. J. Milroy and Philip E. vonAmmon, Chicago, Ill., for defendant Santa Fe Ry. Co.

Gerald L. Phelps, Sp. Asst. to Atty. Gen. for defendant Nat. R. R. Adj. Board.

IGOE, District Judge.

This cause comes on to be heard on the motions of both defendants to dismiss the Second Amended Complaint. For the purpose of passing upon these motions the Court has taken as true all facts well pleaded in the Second Amended Complaint and all facts set forth in the affidavits filed by defendant The Atchison, Topeka and Santa Fe Railway Company (Santa Fe) in support of its motion to dismiss, none of...

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