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HURST v. GULF OIL CORPORATION

No. 16496.

251 F.2d 836 (1958)

Glenn Hubbard HURST and Employers Casualty Company, Intervener, Appellants, v. GULF OIL CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

January 24, 1958.

Attorney(s) appearing for the Case

John J. Watts, Odessa, Tex., for appellants.

William L. Kerr, Max N. Osborn, Midland, Tex., for Gulf Oil Corp., Turpin, Kerr & Smith, Midland, Tex., of counsel.

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

RIVES, Circuit Judge.

This case and the Sword case1 were heard successively (though in reverse order) in the district court and in this Court; and, under the facts and circumstances of the particular case, present the same question for decision, viz.: whether a jury could properly hold the employer of an independent contractor liable for injury to an employee of that contractor.

In this case also, Gulf was the owner of an oil and...

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