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STEVENS v. E. I. DU PONT DE NEMOURS & CO.

No. 14539.

208 F.2d 415 (1953)

STEVENS v. E. I. DU PONT DE NEMOURS & CO.

United States Court of Appeals Fifth Circuit.

December 9, 1953.

Attorney(s) appearing for the Case

Eugene N. Catlett, W. Kendall Baker, Burris, Benton, Baker & Zwiener, Houston, Tex., for appellant.

John F. Heard, Houston, Tex., Baker, Botts, Andrews & Parish, Houston, Tex., of counsel, for appellee.

Before HUTCHESON, Chief Judge, and BORAH and RIVES, Circuit Judges.

HUTCHESON, Chief Judge.

Appellant here, plaintiff below, was an employee of the Shaw Company, which, as a subcontractor of defendant, was laying underground plumbing sewerage lines in a building then in the foundation stage of its construction. After suing his employer's insurance carrier and obtaining a judgment for workmen's compensation, he brought this third party action, alleging that while engaged in and about the work of his employer, the negligence

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