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L. E. WHITHAM CONSTR. CO. v. REMER

No. 1535.

93 F.2d 736 (1937)

L. E. WHITHAM CONSTR. CO. v. REMER.

Circuit Court of Appeals, Tenth Circuit.

December 11, 1937.

Attorney(s) appearing for the Case

Robert D. Hudson, of Tulsa, Okl. (W. E. Hudson, of Tulsa, Okl., on the brief), for appellant.

John W. Tyree, of Lawton, Okl. (S. R. Harper, of Lawton, Okl., on the brief), for appellee.

Before LEWIS, PHILLIPS, and BRATTON, Circuit Judges.

PHILLIPS, Circuit Judge.

Sam Remer, administrator of the estate of Sam Remer, deceased, brought this action against the L. E. Whitham Construction Company, to recover damages for the alleged wrongful death of Sam Remer, deceased.

The evidence, viewed in a light most favorable to the plaintiff1 established these facts:

The Construction Company was engaged in building a road up Mt. Scott in the National Forest Reserve, Comanche...

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