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MERRITT-CHAPMAN & SCOTT CORPORATION v. FRAZIER

No. 16543.

289 F.2d 849 (1961)

MERRITT-CHAPMAN & SCOTT CORPORATION, Appellant, v. Bernice M. FRAZIER, Appellee.

United States Court of Appeals Ninth Circuit.

April 18, 1961.

Attorney(s) appearing for the Case

Shimmell, Hill & Kleindienst, Rouland W. Hill, Phoenix, Ariz., for appellant.

Langerman & Begam, Samuel Langerman, Phoenix, Ariz., for appellee.

Before STEPHENS, Senior Circuit Judge, and MERRILL and KOELSCH, Circuit Judges.

KOELSCH, Circuit Judge.

This is an action for wrongful death under the statutes of Arizona.1 Jurisdiction of the District Court is based upon diversity of citizenship.

On August 24, 1957 Robert C. Frazier was instantly killed by a rockslide at the site of the Glen Canyon Dam near Page, Arizona. He was then working at the bottom of the canyon on the westerly side of the Colorado River where his employer, Mountain States Construction...

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