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WELLS v. WARREN COMPANY

No. 19873.

328 F.2d 666 (1964)

Emmett E. WELLS, Appellant, v. The WARREN COMPANY, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

March 4, 1964.

Attorney(s) appearing for the Case

Frank J. Muscarella, Jr., Clearwater, Fla., for appellant.

Thomas A. Clark, Tampa, Fla., for appellee.

Before TUTTLE, Chief Judge, and JONES and GEWIN, Circuit Judges.

GEWIN, Circuit Judge.

The appellant Wells, plaintiff below, was employed by Winn-Dixie Stores, a foodstore chain in Florida, as a maintenance carpenter at the time of the event which resulted in this suit. He had been so employed for a period of 6 years. On September 30, 1960, Wells' supervisor, the maintenance foreman for Winn-Dixie, instructed Wells and 2 other Winn-Dixie employees to go to one of the stores in Tampa to...

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