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AMERICAN SMELTING & REFINING CO. v. MALOY

No. 13738.

198 F.2d 206 (1952)

AMERICAN SMELTING & REFINING CO. v. MALOY et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 18, 1952.

Attorney(s) appearing for the Case

James Goggin, El Paso, Tex., R. Worth Vaughan, New York City, for appellant.

Carroll W. Smith, El Paso, Tex., Wayne C. Whatley, LeFal E. Oman, William Byron Darden, Las Cruces, N. M., Claude Williams, Dallas, Tex., Ernest Guinn, Eugene T. Edwards, J. L. Rasberry, El Paso, Tex., for appellees.

Before HOLMES, BORAH and RIVES, Circuit Judges.

Rehearing Denied September 18, 1952. See 199 F.2d 52.

RIVES, Circuit Judge.

This action was brought against American Smelting and Refining Company for damages for the death of Percy J. Maloy as a result of injuries received while working as an electrician at defendant's plant. The complaint alleges that Maloy, at the time he received his fatal injuries, was employed by Bauman Electric Company and engaged in work on a trolley...

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