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CONTINENTAL CAN COMPANY v. HORTON

No. 15855.

250 F.2d 637 (1957)

CONTINENTAL CAN COMPANY, Inc., a corporation, Appellant, v. Bernard F. HORTON and LeRoy L. Wade & Son, Inc., a corporation, Appellees.

United States Court of Appeals Eighth Circuit.

December 30, 1957.

Attorney(s) appearing for the Case

John L. Barton, Omaha, Neb. (Raymond M. Crossman, Thomas C. Quinlan and John R. Barton, Omaha, Neb., on the brief), for appellant.

George B. Boland, Omaha, Neb. (John F. Brennan and A. Lee Bloomingdale, Omaha, Neb., on the brief), for appellees.

Before GARDNER, Chief Judge, and WOODROUGH and VAN OOSTERHOUT, Circuit Judges.

WOODROUGH, Circuit Judge.

This is an appeal from a judgment in favor of plaintiff in a personal injury action.

Bernard F. Horton instituted this action in the United States District Court for Nebraska against Continental Can Company, Inc., to recover damages for personal injuries sustained when a scaffold upon which he was working collapsed. LeRoy Wade & Son, Inc., Horton's employer at the time of this accident, was joined as a party defendant because...

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