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BELK v. JONES CONSTRUCTION CO.

No. 13861.

272 F.2d 394 (1959)

Franklin W. BELK, Appellant, v. J. A. JONES CONSTRUCTION CO., Inc., Appellee.

United States Court of Appeals Sixth Circuit.

December 14, 1959.

Attorney(s) appearing for the Case

Joe Van Derveer, of Van Derveer & Brown, Chattanooga, Tenn., for appellant.

F. Thornton Strang, of Strang, Fletcher, Carriger & Walker, Chattanooga, Tenn., for appellee.

Before MARTIN, MILLER and WEICK, Circuit Judges.

PER CURIAM.

The United States District Court granted summary judgment, on motion of the defendant, upon the basis of the pleadings and depositions filed in the case. The appellee construction company, acting in accordance with the specifications of the owner of a building, left a hole in the floor at the second story level. The hole was protected by a railing, which the owner caused to be removed. At the direction of the Superintendent of Construction for the owner...

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