BLUMENFELD, District Judge.
The defendant has moved for summary judgment. The petitioner railroad's contention is that the plaintiff was not its employee at the time he was injured and for this reason is not entitled to proceed under the Federal Employers' Liability Act, 45 U.S.C.A. §§ 51-60. The only question before the court, therefore, is whether a genuine issue of fact exists with respect to this contention. The court should not grant a motion for summary...
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