INGRAHAM, District Judge.
The case is before the court on defendant's motion for summary judgment.
Plaintiff, Clair Evers, is a citizen and resident of the State of Kansas, while the defendant, Bass Powell, is a citizen and resident of the State of Texas. The original complaint alleges that plaintiff was injured due to the negligence of one of defendant's employees at Dodge City, Kansas, on December 5, 1959. After an answer in which such negligence was denied...
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