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COOK v. PHILLIPS PETROLEUM CO.

No. 11541.

158 F.2d 10 (1946)

COOK et al. v. PHILLIPS PETROLEUM CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 13, 1947.

Attorney(s) appearing for the Case

S. A. Crowley, of Fort Worth, Tex., James Little, of Big Spring, Tex., and John J. Watts, of Odessa, Tex., for appellants.

R. S. Sutton, E. H. Foster, and R. S. Trippett, all of Amarillo, Tex., and R. B. F. Hummer, Don Emery, and R. L. Foster, all of Bartlesville, Okl., and James D. Willis, of Pecos, Tex., for appellee.

Before SIBLEY, HUTCHESON, and WALLER, Circuit Judges.

SIBLEY, Circuit Judge.

Mrs. Elma E. Cook, in behalf of herself as widow of Clinton K. Cook, Sr., and in behalf of their minor children, sued Phillips Petroleum Company for the negligent killing of Cook. At the conclusion of her evidence a verdict was directed against her and she appeals from the consequent judgment.

The evidence shows that Cook was 53 years old and had worked in and around oil fields for over 20 years, and in the particular oil field in which...

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