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HERMAN v. HESS OIL VIRGIN ISLANDS CORP.

Nos. 74-2012 to 74-2015 and 74-2233.

524 F.2d 767 (1975)

Victor HERMAN and Commissioner of Labor, Government of the Virgin Islands, Melvin Stevens, Subrogee of Victor Herman v. HESS OIL VIRGIN ISLANDS CORP. and Chicago Bridge & Iron Corp. (D.C. Civil Action No. 222-1972) Thomas CHERUBIN et al. v. HESS OIL VIRGIN ISLANDS CORP. and Chicago Bridge & Iron Corp. (D.C. Civil Action No. 223-1972) Franklin HODGE and Commissioner of Labor, Government of the Virgin Islands, Melvin Stevens, Subrogee of Franklin Hodge v. HESS OIL VIRGIN ISLANDS CORP. and Chicago Bridge & Iron Corp. (D.C. Civil Action No. 224-1972) Sylvester MATTHEW and Commissioner of Labor, Government of the Virgin Islands, Melville Stevens, Subrogee of Sylvester Matthew v. HESS OIL VIRGIN ISLANDS CORP. and Chicago Bridge & Iron Co., Ltd. (D.C. Civil Action No. 510-1972) Wilfred CHASE and Commissioner of Labor, Government of the Virgin Islands, Melville Stevens, Subrogee of Wilfred Chase v. HESS OIL VIRGIN ISLANDS CORP. and Chicago Bridge & Iron Co., Ltd. (D.C. Civil Action No. 512-1972) Matthew BAPTISTE and Commissioner of Labor, Government of the Virgin Islands, Melville Stevens, Subrogee of Matthew Baptiste v. HESS OIL VIRGIN ISLANDS CORP. and Chicago Bridge & Iron Company, Ltd. (D.C. Civil Action No. 513-1972) and HESS OIL VIRGIN ISLANDS CORP., et al. v. CHICAGO BRIDGE & IRON COMPANY, LTD. (D.C. Civil Action No. 598-1972) Appeal of CHICAGO BRIDGE & IRON COMPANY, LTD., in Nos. 74-2012, 74-2015 and 74-2233. Appeal of Franklin HODGE et al., in Nos. 74-2013 and 74-2014.

United States Court of Appeals, Third Circuit.

Decided September 23, 1975.

Attorney(s) appearing for the Case

Warner Alexander, Merwin, Alexander & O'Brien, Christiansted, St. Croix, V. I., Denis V. Brenan, Thomas A. Masterson, Morgan, Lewis & Bockius, Philadelphia, Pa., for appellant Chicago Bridge & Iron Company, Ltd.

J. Michael Spencer, Frederiksted, St. Croix, V. I., John B. Murphey, John M. O'Quinn, W. James Kronzer, Kronzer, Abraham & Watkins, Houston, Tex., Charles Alan Wright, Austin, Tex., for appellants in 74-2013 and 74-2014.

John R. Caffrey, John J. Witous, James T. Ferrini, Clausen, Miller, Gorman, Caffrey & Witous, Alexander A. Farrelly, Birch De Jongh & Farrelly, Charlotte, Amalie, for Hess Oil Virgin Islands Corp.

Before HASTIE, GIBBONS and HUNTER, Circuit Judges.

OPINION OF THE COURT

HUNTER, Circuit Judge:

This is an appeal from a judgment entered after a jury verdict. Plaintiffs below, six employees of contractors engaged by Hess Oil Virgin Islands Corp. ("Hess"), were severely burned when a large partially-filled oil storage tank owned by Hess exploded. The explosion occurred while workers from appellant Chicago Bridge & Iron Company, Ltd. ("CB & I") were welding into place some horizontal foam piping,...

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