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MARSHALL v. HUMBLE OIL & REFINING COMPANY

No. 71-1467.

459 F.2d 355 (1972)

Lilla Mae Ford MARSHALL, Administratrix of the Estate of Floyd M. Marshall, Deceased, Appellant, v. HUMBLE OIL & REFINING COMPANY, Appellee. Stanley R. MITCHELL, Administrator of the Estate of George L. Mitchell, Deceased, Appellant, v. HUMBLE OIL & REFINING COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 3, 1972.

Rehearing Denied May 24, 1972.

Rehearing Denied June 7, 1972.

Attorney(s) appearing for the Case

Henry Woods, Sidney S. McMath, McMath, Leatherman & Woods, Little Rock, Ark., for appellants.

W. P. Hamilton, Chowning, Mitchell, Hamilton & Chowning, Little Rock, Ark., for appellee.

Before LAY, BRIGHT and STEPHENSON, Circuit Judges.

Rehearing En Banc Denied June 7, 1972.

BRIGHT, Circuit Judge.

Lloyd M. Marshall, lessee of a service station at Batesville, Arkansas, owned and built by Humble Oil and Refining Co. (Humble), and his employee, George L. Mitchell, sustained fatal injuries in an explosion-fire at the service station. Representatives of each man brought consolidated diversity actions against Humble seeking damages for wrongful death under the Arkansas Wrongful Death Act, Ark.Stat...

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