DEMENT v. OLIN-MATHIESON CHEMICAL CORPORATION

No. 17906.

282 F.2d 76 (1960)

Lonnie A. DEMENT, Appellant, v. OLIN-MATHIESON CHEMICAL CORPORATION et al., Appellees. E. I. duPONT DE NEMOURS AND COMPANY, Appellant, v. Lonnie A. DEMENT et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 6, 1960.


Attorney(s) appearing for the Case

William L. Kerr, Midland, Tex., Edward W. Schall, Wilmington, Del. (Turpin, Kerr, Smith & Dyer, Midland, Tex., of counsel), for E. I. duPont de Nemours & Co.

John J. Watts and Thomas A. Sneed, Odessa, Tex., for Lonnie A. Dement.

James Little, Big Spring, Tex., John W. Scott, Joplin, Mo., for Olin Mathieson Chemical Corp..

R. A. Wilson, Amarillo, Tex., Thomas J. Laffey, Jr., John H. Carroll, Wilmington, Del. (Underwood, Wilson, Sutton, Heare & Berry, Amarillo, Tex., of counsel), for Atlas Powder Co.

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


JOHN R. BROWN, Circuit Judge.

A premature explosion of a charge being prepared for seismograph operations severely injured the plaintiff and killed his co-worker. The plaintiff sued the separate manufacturers of the gelatin dynamite, booster and electrical blasting cap which composed the charge. Based upon the general verdict that "we, the jury, find for the defendants, each and every one, against the plaintiff," the District Court entered a judgment for the defendants...

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