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EMERY v. CHICAGO, B. & Q. R. CO.

Civ. No. 2-436.

119 F.Supp. 654 (1954)

EMERY v. CHICAGO, B. & Q. R. CO.

United States District Court, S. D. Iowa, Central Division.

March 19, 1954.

Attorney(s) appearing for the Case

J. G. McDowell, Jr., Des Moines, Iowa, for plaintiff.

Thomas J. Guthrie, Des Moines, Iowa, and J. C. Pryor and John Hale, Burlington, Iowa, for defendant.

RILEY, District Judge.

The initial complaint in this action, commenced in the State court, sought recovery permitted by Title 45, Secs. 51-60, U.S.C.A., commonly known as Federal Employers' Liability Act, and asked for damages for bodily injury alleged to have been caused by negligence of the defendant. It also asked for exemplary or punitive damages for reasons stated, and for damages because of certain alleged "malicious acts" of defendant. While in the State court...

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