Harris v. Railway Express Agency, Inc.

HUXMAN, Circuit Judge.

This action by appellant, Floyd Harris, was brought in the District 'Court of Shawnee County, Kansas, to recover damages for personal injuries. The case was removed to the United States District Court for the District of Kansas, First Division. An answer was filed. The depositions of the plaintiff, his wife, and his brother-in-law were taken and filed in court. Thereafter a motion for summary judgment was made by defendant. Upon the hearing of this motion, the parties stated to the court that with the exception of the issue as to the nature of the relationship between…