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McALESTER v. SINCLAIR REFINING CO.

No. 11034.

146 F.2d 36 (1944)

McALESTER et al. v. SINCLAIR REFINING CO.

Circuit Court of Appeals, Fifth Circuit.

December 8, 1944.

Attorney(s) appearing for the Case

Otis Rogers, of Fort Worth, Tex., for appellants.

Alfred McKnight, J. A. Gooch, and V. R. Tomlinson, all of Fort Worth, Tex., for appellee.

Before HUTCHESON, WALLER, and LEE, Circuit Judges.

LEE, Circuit Judge.

Oliver McAlester, an employee of the Sinclair Refining Company, sustained injuries in the course of his employment from which he died. All actual damages resulting to appellants, the heirs at law of the decedent, were discharged in full by the compensation insurance carrier. This suit was brought by appellants to recover exemplary damages on the theory that the injuries sustained by the decedent were the direct and proximate result of the gross...

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