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R. B. TYLER CO. v. GREENUP

No. 9482.

140 F.2d 896 (1944)

R. B. TYLER CO. v. GREENUP.

Circuit Court of Appeals, Sixth Circuit.

February 25, 1944.

Attorney(s) appearing for the Case

W. N. Key, of Jackson, Tenn. (T. O. Morris, of Nashville, Tenn., and C. E. Pigford and W. N. Key, both of Jackson, Tenn., on the brief), for appellant.

W. R. Landrum, of Trenton, Tenn., for appellee.

Before ALLEN, HAMILTON, and McALLISTER, Circuit Judges.

PER CURIAM.

This case is an appeal from a judgment for damages arising out of the claimed negligence of appellant's driver, in backing an asphalt truck over appellee's decedent, who died as a result. Decedent was an employee of Ferguson-Oman Company, a highway construction contractor. Appellant was a company engaged in supplying asphalt on the job to the contractor. The defense to the claimed negligence was contributory negligence, gross negligence, assumed risk,...

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