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UNION TANK & SUPPLY CO. v. KELLEY

No. 12211.

167 F.2d 811 (1948)

UNION TANK & SUPPLY CO. v. KELLEY.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied June 7, 1948.

Attorney(s) appearing for the Case

Chas. C. Crenshaw, of Lubbock, for appellant.

John J. Watts, of Odessa, for appellee.

Before HUTCHESON, HOLMES, and WALLER, Circuit Judges.

HUTCHESON, Circuit Judge.

Plaintiff, alleging1 himself to be an employee of one Bruce Wimberley, an independent contractor, sued as "an invitee of defendant" for damages for personal injuries sustained while unloading, from a box car, sheets of steel belonging to defendant.

The claim was that defendant was liable because defendant's contract with Wimberley called for the performance of an inherently dangerous work, unloading, in...

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