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MOONEY v. STAINLESS, INC.

No. 15433.

338 F.2d 127 (1964)

Norma MOONEY, Plaintiff-Appellee, v. STAINLESS, INC., and Stainless Construction Company, Defendants-Appellants.

United States Court of Appeals Sixth Circuit.

Rehearing Denied November 12, 1964.

Attorney(s) appearing for the Case

J. W. Baker, Knoxville, Tenn., Arthur D. Byrne, Knoxville, Tenn., on brief; Poore, Cox, Baker & McAuley, Knoxville, Tenn., of counsel, for appellants.

Joseph W. Rogers, Knoxville, Tenn., Thearon F. Chandler, Knoxville, Tenn., on brief; N. E. Hutson, Monticello, Ill., of counsel, for appellee.

Before MILLER, CECIL and PHILLIPS, Circuit Judges.

HARRY PHILLIPS, Circuit Judge.

Defendants1 have appealed from a $50,000 judgment based upon a jury verdict awarded to plaintiff for the wrongful death of her husband, Harold W. Mooney, at Oak Ridge, Tennessee, on March 10, 1961, where he was engaged in the erection of a tower. Jurisdiction is based upon diversity of citizenship.

The Atomic Energy Commission engaged the H. K. Ferguson Company, one of the prime contractors for the...

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