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ANDERSON v. SANDERSON & PORTER

No. 12890.

146 F.2d 58 (1945)

ANDERSON et al. v. SANDERSON & PORTER et al.

Circuit Court of Appeals, Eighth Circuit.

January 4, 1945.

Attorney(s) appearing for the Case

Frank J. Wills and Paul McKnight, both of Little Rock, Ark. (Gordon E. Young and Henry W. Gregory, Jr., both of Pine Bluff, Ark., and John A. Sherrill and Howard Cockrill, both of Little Rock, Ark., on the brief), for appellants.

Edward L. Wright, of Little Rock, Ark. (Thomas S. Buzbee, Alvin S. Buzbee, and John M. Harrison, all of Little Rock, Ark., on the brief), for appellees.

Before STONE, SANBORN, and THOMAS, Circuit Judges.

SANBORN, Circuit Judge.

The question which this Court is called upon to decide is whether a general contractor is, as to the employees of subcontractors carrying workmen's compensation insurance, a "third party" who, under § 40 of the Workmen's Compensation Law of Arkansas, Act 319 of the Acts of Arkansas, 1939, p. 777; Cum.Supp. to Pope's Ark.Stat.1944, p. 1360, may be sued for common-law negligence. So far as pertinent here, § 40 provides: "The making...

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