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SCOFI v. McKEON CONST. CO.

No. 78-2224.

666 F.2d 170 (1982)

Joanne I. SCOFI, Administratrix of the Estate of Charles S. Scofi, deceased, Plaintiff-Appellant Cross-Appellee, v. McKEON CONSTRUCTION COMPANY, et al., Defendants-Third-Party Plaintiffs-Appellees Cross-Appellants, Howdeshell Plumbing, Inc., Etc., et al., Third-Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 19, 1982.

Attorney(s) appearing for the Case

Edwin J. Bradley, St. Petersburg, Fla., for Joanne I. Scofi.

Fowler, White, Gillen, Boggs, Villareal & Banker, Chris W. Altenbernd, Tampa, Fla., for McKeon Const.

MacFarlane, Ferguson, Allison & Kelly, John R. Bush, Claude H. Tison, Jr., Tampa, Fla., for Howdeshell Plumbing.

Before JONES, GEE and REAVLEY, Circuit Judges.

JONES, Circuit Judge:

McKeon Construction Company was engaged in the erection of a condominium upon a site owned by it in Pinellas County, Florida. It contracted with Howdeshell Plumbing, Inc. to do the plumbing work. Charles Scofi, an employee of Howdeshell, was working in a trench at the construction site. A cave-in caused injuries to him and his subsequent death. His widow, Joanne I. Scofi, brought a wrongful death action against McKeon and its insurance carrier...

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