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AMERICAN GENERAL INS. CO. v. SOUTHWESTERN GAS & ELEC. CO.

No. 9378.

115 F.2d 706 (1940)

AMERICAN GENERAL INS. CO. et al. v. SOUTHWESTERN GAS & ELECTRIC CO.

Circuit Court of Appeals, Fifth Circuit.

December 2, 1940.

Attorney(s) appearing for the Case

C. M. Hightower, of Houston, Tex., for appellant.

George Prendergast, of Marshall, Tex., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

McCORD, Circuit Judge.

Julius Jesse Jones was a laborer employed by the Texas Bitulithic Company. On July 23, 1937, he was working with a dragline crew on the Kilgore-Carlisle Highway in Rusk County, Texas. His crew had been working about four hours placing tile in a culvert when the operator of the dragline, in attempting to place another section of tile in the culvert, swung his metal crane or boom in contact with or in...

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