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S. BIRCH & SONS v. MARTIN

Nos. 15107, 15108.

244 F.2d 556 (1957)

S. BIRCH & SONS, a corporation, C. F. Lytle, a corporation, and Green Construction Company, a corporation, partners doing business as Birch Lytle & Green, Appellants, v. Robert L. MARTIN, Appellee. S. BIRCH & SONS, a corporation, C. F. Lytle, a corporation, and Green Construction Company, a corporation, partners doing business as Birch Lytle & Green, Appellants, v. L. A. MARTIN, Appellee. L. A. MARTIN, Appellant, v. S. BIRCH & SONS, a corporation, C. F. Lytle, a corporation, and Green Construction Company, a corporation, partners doing business as Birch Lytle & Green, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied June 17, 1957.

Attorney(s) appearing for the Case

Davis, Renfrew & Hughes, Anchorage, Alaska, for appellants.

Bell, Sanders & Tallman, Anchorage, Alaska, for appellee.

Before BONE, FEE and BARNES, Circuit Judges.

BARNES, Circuit Judge.

On August 14, 1952, along a narrow strip of highway approximately six miles south of Anchorage, Alaska, L. A. Martin (hereinafter, Martin Sr.) and his son, Robert Martin Jr., were beaten and bloodied by a group of road construction workers, buoyed by alcoholic beverages and the happy knowledge of a job completed.

Subsequently, the father and son filed these actions against S. Birch & Sons, a corporation, C. F. Lytle, a corporation...

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