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GOMILLION v. UNION BRIDGE & CONSTRUCTION CO.

No. 8894.

100 F.2d 937 (1939)

GOMILLION v. UNION BRIDGE & CONSTRUCTION CO. OF KANSAS CITY, MO.

Circuit Court of Appeals, Fifth Circuit.

January 20, 1939.

Attorney(s) appearing for the Case

Elton Cruse, of Beaumont, Tex., for appellant.

Major T. Bell, of Beaumont, Tex., for appellee.

Before FOSTER, HOLMES and McCORD, Circuit Judges.

McCORD, Circuit Judge.

James W. Gomillion was fatally injured while in the course of his employment with the Union Bridge and Construction Company of Kansas City, Missouri. Suit was brought by his wife, Mrs. Winnie Gomillion, individually and as next friend of her two minor children, to recover actual damages of $50,000 and exemplary damages of $100,000.

The defendant's answer to the petition contained a specific allegation that the plaintiff, appellant, was...

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