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DEMAREST v. T. C. BATESON CONSTRUCTION COMPANY

Nos. 8357, 8404.

370 F.2d 281 (1966)

Charles DEMAREST, Appellant, v. T. C. BATESON CONSTRUCTION COMPANY, a corporation, G. K. Cheves, d/b/a Cheves Construction Company, Appellees. GENERAL ACCIDENT FIRE & LIFE ASSURANCE CORP., Ltd., Appellant, v. T. C. BATESON CONSTRUCTION COMPANY, a corporation, G. K. Cheves, d/b/a Cheves Construction Company, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied January 25, 1967.

Attorney(s) appearing for the Case

Willard F. Kitts, Albuquerque, N. M. (William E. Snead, Arturo G. Ortega and Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N. M., with him on brief), for appellants.

Frank H. Allen, Jr., Albuquerque, N. M. (Modrall, Seymour, Sperling, Roehl & Harris, Albuquerque, N. M., with him on brief), for appellees.

Before MURRAH, Chief Judge, SETH, Circuit Judge, and DOYLE, District Judge.

MURRAH, Chief Judge.

This diversity-negligence action by an employee of a construction subcontractor against the prime contractors to recover damages for injuries suffered in a fall at the worksite presents the difficult task of rationalizing and applying the law of assumption of risk and contributory negligence as New Mexico sees it. At the close of the plaintiffs' case, the trial court directed a verdict for defendants...

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