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TAYLOR v. HUBBELL

No. 12594.

188 F.2d 106 (1951)

TAYLOR et al. v. HUBBELL et al. TUCSON GAS, ELECTRIC LIGHT & POWER CO. et al. v. HUBBELL et al.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 8, 1951.

Attorney(s) appearing for the Case

Conner & Jones and Gerald Jones, all of Tucson, Ariz., for appellants Taylor and others.

H. S. McCluskey, Robert E. Yount, Phoenix, Ariz., for appellants Tucson Gas and others.

Udall & Udall, Tucson, Ariz., for appellees.

Before STEPHENS and HEALY, Circuit Judges, and MATHES, District Judge.

MATHES, District Judge.

Plaintiff filed suit in Arizona's superior court against Sanderson & Porter, a partnership, and its members for personal injuries. Diversity of citizenship existed, 28 U.S.C.A. § 1332, and defendants removed the case to the federal court. 28 U.S.C.A. § 1441.

Following removal Tucson Gas, Electric Light and Power Company, plaintiff's employer, and the Industrial Commission of Arizona, a public agency, intervened as

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