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WHITEHEAD v. SALYER

No. 7801.

346 F.2d 207 (1965)

Mrs. Dorothy WHITEHEAD, Mrs. Billie J. Powell, Mrs. Edith Davis, individually and as guardian of the Estate of Linda Kay Whitehead, and Jo James Whitehead, Appellants, v. B. M. SALYER, Jr., d/b/a Salyer Refining Company of Texas, Appellee.

United States Court of Appeals Tenth Circuit.

May 24, 1965.

Attorney(s) appearing for the Case

No appearance for appellants, submitted on briefs.

Walter D. Hanson, of Hanson & Peterson, Oklahoma City, Okl. (Leslie L. Conner, of Conner, Little & Conner, Oklahoma City, Okl., was with him on the brief), for appellee.

Before MURRAH, Chief Judge, and LEWIS and SETH, Circuit Judges.

LEWIS, Circuit Judge.

Julian Billy Whitehead was killed in an explosion at Hurst, Texas, while working in the scope of his employment with Salyer Refining Company of Texas. His beneficiaries were paid the statutory workmen's compensation and now seek an additional award of exemplary damages recoverable under Texas law where the employee's death "is occasioned by homicide from the wilful act or omission or gross negligence" of the employer. Vernon's Ann.Texas Civ.Stat...

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