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MARTIN K. EBY CONSTRUCTION CO. v. NEELY

No. 7796.

344 F.2d 482 (1965)

MARTIN K. EBY CONSTRUCTION CO., Inc., Appellant, v. Sandra Lee NEELY, by her legal representative and guardian, Cecile V. Neely, Appellee.

United States Court of Appeals Tenth Circuit.

April 26, 1965.

Attorney(s) appearing for the Case

John C. Mott, of McComb, Zarlengo & Mott, Denver, Colo., for appellant.

Kenneth M. Kripke, of Kripke & Friedman, Denver, Colo., for appellee.

Before PICKETT, HILL and SETH, Circuit Judges.

PICKETT, Circuit Judge.

This is a diversity action brought by the Guardian of Sandra Lee Neely, a minor, to recover damages from Martin K. Eby Construction Company, Inc. for the alleged wrongful death of her father, Gary Lee Neely. It was alleged that Neely's death was proximately caused by Eby's negligence in the construction, maintenance and supervision of a scaffold, or platform, located in a missile silo being constructed...

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