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MACARAGES v. RAYMOND CONCRETE PILE COMPANY

Nos. 15262 and 15263.

220 F.2d 891 (1955)

Sidney J. MACARAGES, Appellant, v. RAYMOND CONCRETE PILE COMPANY, Appellee. Thomas HERRING, alias Jessie Thomas Herring, Appellant, v. RAYMOND CONCRETE PILE COMPANY, Appellee.

United States Court of Appeals, Fifth Circuit.

April 8, 1955.

Attorney(s) appearing for the Case

Wm. D. Barfield, Jacksonville, Fla., for appellant.

J. Henson Markham, Jacksonville, Fla., Osborne, Copp & Markham, Jacksonville, Fla., of counsel, for appellee.

Before HUTCHESON, Chief Judge, TUTTLE, Circuit Judge, and DAWKINS, District Judge.

TUTTLE, Circuit Judge.

These appeals present the question whether workers in statutory "hazardous occupations" in Florida are covered by the Florida Workmen's Compensation Act, or whether they are given a distinct and separate status by the Hazardous Occupation Act1 which leaves open to them the right to sue as at common law, with some of the common law defenses removed.

The two appellants here separately sued appellee in the trial...

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