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AMEND v. GREAT WESTERN RAILWAY COMPANY

Civ. 5310.

158 F.Supp. 499 (1958)

John Fred AMEND, Plaintiff, v. The GREAT WESTERN RAILWAY COMPANY, a Colorado Corporation, Defendant.

United States District Court D. Colorado.

January 23, 1958.

Attorney(s) appearing for the Case

Samuel M. Kirbens, Denver, Colo., for plaintiff.

Sheldon & Nordmark, Denver, Colo., and Charles W. Sheldon, Jr., Denver, Colo., for defendant.

ARRAJ, District Judge.

This matter comes up on the Motion of Plaintiff to strike certain defenses from defendant's Answer to the Amended Complaint.

Plaintiff's Amended Complaint is based on the Federal Safety Appliances Act and the Federal Employer's Liability Act, 45 U.S.C.A. § 1 et seq. The first count alleges that plaintiff was head brakeman on a switching crew and suffered injuries which proximately occurred...

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