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UNITED STATES CAST IRON PIPE & FOUNDRY CO. v. SULLIVAN

No. 4280.

3 F.2d 794 (1925)

UNITED STATES CAST IRON PIPE & FOUNDRY CO. v. SULLIVAN.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 10, 1925.

Attorney(s) appearing for the Case

Brenton K. Fisk, of Birmingham, Ala., for plaintiff in error.

Hugo L. Black, Crampton Harris, and Arthur B. Foster, all of Birmingham, Ala., for defendant in error.

Before WALKER and BRYAN, Circuit Judges, and ESTES, District Judge.

WALKER, Circuit Judge.

This was an action by the personal representative of D. G. Sullivan, deceased, to recover damages for the deceased's death, which was attributed to alleged negligence chargeable against the plaintiff in error, which is herein referred to as the defendant. The complaint in substance was that the deceased, when at work by the invitation of the defendant in a pit on defendant's premises from which clay was being dug, to be subsequently taken to...

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