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PERKINS v. HENRY J. KAISER CONSTRUCTION CO.

No. 9532.

339 F.2d 703 (1964)

Francis C. PERKINS, Appellant, v. HENRY J. KAISER CONSTRUCTION CO., a corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 10, 1964.

Attorney(s) appearing for the Case

George A. Daugherty, Charleston, W. Va. (Weaver & Daugherty, Charleston, W. Va., on brief), for appellant.

Charles W. Yeager, Charleston, W. Va. (Stanley C. Morris and Steptoe & Johnson, Charleston, W. Va., on brief), for appellee.

Before HAYNSWORTH and BRYAN, Circuit Judges, and SIMONS, District Judge.

PER CURIAM:

For personal injuries suffered in a fall while employed in the installation of furnaces during construction of an industrial plant in West Virginia, Francis C. Perkins was awarded damages by a jury in the District Court. On motion of the defendant, Henry J. Kaiser Construction Company, the verdict was set aside and judgment rendered non obstante for Construction. It had not failed in any duty to Perkins, the Court concluded, because the defective wooden...

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