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FARMERS STATE BANK OF VALPARAISO v. DRAVO CORPORATION

No. 14020-1.

321 F.2d 38 (1963)

FARMERS STATE BANK OF VALPARAISO, as Administrator of the Estate of Robert Bearup, Deceased, Plaintiff-Appellant-Cross-Appellee, v. DRAVO CORPORATION, a corporation, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals Seventh Circuit.

July 9, 1963.

Attorney(s) appearing for the Case

John J. Kennelly, Edward A. Scott, James P. Chapman, Epton, Scott, McCarthy & Bohling, Chicago, Ill., for plaintiff-appellant, Roger J. Boylan, Chicago, Ill., of counsel.

Thomas D. Allen, David Jacker, John M. O'Connor, Jr., of Kirkland, Ellis, Hodson, Chaffetz & Masters, Chicago, Ill., for defendant-appellee.

Before HASTINGS, Chief Judge, CASTLE, Circuit Judge, and GRANT, District Judge.

CASTLE, Circuit Judge.

Farmers State Bank of Valparaiso, as Administrator of the Estate of Robert Bearup, deceased, brought this diversity action in the District Court against Dravo Corporation seeking to recover damages for the alleged wrongful death of decedent, Robert Bearup. Bearup, an ironworker in the employ of the U. S. Steel Corporation, was killed when he fell from a height of about ninety feet while at work in connection with the erection of the structural...

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