COLVERT v. ALABAMA BY-PRODUCTS CORP.

Civ. A. Nos. 670-673.

115 F.Supp. 493 (1953)

COLVERT v. ALABAMA BY-PRODUCTS CORP. JACKSON v. DeBARDELEBEN COAL CORP. HALE v. DeBARDELEBEN COAL CORP. McGOUGH v. DeBARDELEBEN COAL CO.

United States District Court N. D. Alabama, Jasper Division.

October 26, 1953.


Attorney(s) appearing for the Case

Cooper, Mitch & Black, Birmingham, Ala., and Charles Tweedy, Jr., Jasper, Ala., for plaintiffs Colvert, Jackson and Hale.

Reuben L. Newton and Charles Tweedy, Jr., Jasper, Ala., for plaintiff McGough.

Bankhead & Skinner, Jasper, Ala., and Cabaniss & Johnston, Birmingham, Ala., for all defendants.


LYNNE, Chief Judge.

Brought originally in the Circuit Court of Walker County, Alabama, and removed to this court because of diversity of citizenship between the parties and the presence of the requisite amount in controversy, these four cases were consolidated for purpose of trial because they involved common questions of law and fact.

Each plaintiff, having an occupational history of exposure to dust while performing his duties in an underground coal mine...

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