This section contains the nature of the case and procedural background.

P was employed by D. The D train on which P was serving as engineer collided head-on with another D train proceeding in the opposite direction on tracks owned and controlled by D. P sued Ds under FELA to recover $1,500,000 for personal injuries sustained from the collision. Ds answered and counterclaimed under state law for property damage in the amount of $1,700,000. P moved to dismiss this counterclaim. The court granted the motion Ds appealed.

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