GARDNER, Circuit Judge.
Appellee, plaintiff below, brought action in the lower court to recover for the death of her intestate. We shall refer to the parties as they appeared below.
The complaint charged that plaintiff's intestate, at the time of receiving the injuries from which he later died, was in the employ of defendant, and was one of a crew of men engaged in pulling the tubing and rods from an oil well; that defendant had erected and maintained over...
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