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WILLIAMS v. ATLANTIC COAST LINE RAILROAD COMPANY

Civ. A. No. 67-438.

274 F.Supp. 216 (1967)

D. Reece WILLIAMS, III, as Administrator of the Estate of Bobby A. Fowler, Deceased, Plaintiff, v. ATLANTIC COAST LINE RAILROAD COMPANY, Defendant.

United States District Court D. South Carolina, Columbia Division.

Decided October 5, 1967.

Attorney(s) appearing for the Case

John W. Thomas, and W. Croft Jennings, Jr., Columbia, S. C., for plaintiff.

Julius W. McKay, Columbia, S. C., for defendant.

HEMPHILL, District Judge.

Plaintiff, seeking damages for the alleged wrongful death1 of Bobby A. Fowler, attacks, and seeks to have stricken, the third defense in the answer, which reads:

The defendant railroad instituted a suit in the United States District Court of South Carolina against this plaintiff decedent's employer arising out of this same accident alleging that the negligent, willful and reckless acts of the plaintiff...

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