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STANDARD OIL CO. v. BURLESON

No. 9525.

117 F.2d 412 (1941)

STANDARD OIL CO. v. BURLESON.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 8, 1941.

Attorney(s) appearing for the Case

Carl T. Hoffman and L. L. Robinson, both of Miami, Fla., for appellant.

James Nemec and Phillip D. O'Connell, both of West Palm Beach, Fla., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

McCORD, Circuit Judge.

Max D. Burleson filed suit against Standard Oil Company to recover for personal injuries received by him when he fell into an unguarded excavation at a gasoline filling station located at Juno Beach, Palm Beach County, Florida. The case was tried to a jury which returned a verdict for the plaintiff. Judgment was entered on the verdict and Standard Oil Company appealed.

The evidence shows that on October 6, 1937, two employees of Standard...

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