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RICE v. MERRITT-CHAPMAN & SCOTT, INC.

No. 18444.

326 F.2d 122 (1963)

Clifford RICE, Appellant, v. MERRITT-CHAPMAN & SCOTT, INC., Appellee.

United States Court of Appeals Ninth Circuit.

December 10, 1963.

Attorney(s) appearing for the Case

Leavy & Taber, and Duane E. Taber, Pasco, Wash., for appellant.

Gavin, Robinson, Kendrick & Redman, and John Galvin, Yakima, Wash., for appellee.

Before CHAMBERS and DUNIWAY, Circuit Judges, and TAYLOR, District Judge.

DUNIWAY, Circuit Judge:

In this diversity case, plaintiff appeals from a judgment notwithstanding the verdict. The case is governed by the law of Washington and was originally brought in the Washington State Court under Revised Code of Washington, section 51.24.010, which provides in part as follows:

"If the injury to a workman is due to negligence or wrong of another not in the same employ, the injured workman or...

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