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COOK-O'BRIEN CONST. CO. v. CRAWFORD

No. 5369.

26 F.2d 574 (1928)

COOK-O'BRIEN CONST. CO. v. CRAWFORD.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied July 2, 1928.

Attorney(s) appearing for the Case

Chalmers, Fennemore & Nairn, J. Early Craig, and V. T. Bledsoe, all of Phœnix, Ariz., for plaintiff in error.

O'Sullivan & Morgan, of Prescott, Ariz., for defendant in error.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

GILBERT, Circuit Judge.

The defendant in error was the plaintiff in the court below in an action to recover damages for personal injuries sustained as the result of an explosion while working as an employee of the plaintiff in error, in what was alleged to be hazardous work in using blasting powder and dynamite in the construction of a tunnel. The defense relied upon by the defendant in its answer was that the plaintiff was...

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