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TEXAS METAL FABRICATING CO. v. NORTHERN GAS PRODUCTS CORP.

Nos. 9673, 9674.

404 F.2d 921 (1968)

TEXAS METAL FABRICATING COMPANY, Inc., Appellant, v. NORTHERN GAS PRODUCTS CORPORATION, The Fidelity and Casualty Company of New York, and Robert L. Hendrickson, Appellees. FLUOR CORPORATION, Ltd., Appellant, v. NORTHERN GAS PRODUCTS CORPORATION, The Fidelity and Casualty Company of New York, and Robert L. Hendrickson, Appellees.

United States Court of Appeals Tenth Circuit.

August 26, 1968.

Attorney(s) appearing for the Case

Floyd E. Jensen, Wichita, Kan. (Lewin E. Timmerman, of Bell & Timmerman, Wichita, Kan., and Clifford L. Malone, of Adams, Jones, Robinson & Manka, Wichita, Kan., with him on the brief), for appellants.

Harry E. Robbins, Jr., of Gamelson, Hiebsch, Robbins & Tinker, Wichita, Kan., and Arthur C. Hodgson, Lyons, Kan., for appellees.

Before HILL, SETH and HICKEY, Circuit Judges.

SETH, Circuit Judge.

This is a diversity action which was commenced by the individual appellee to recover for personal injuries which he suffered during an explosion which occurred in a hydrocarbon extraction plant in Kansas. The corporate appellees are his employer, Northern Gas Products Corporation, and the employer's compensation carrier, The Fidelity and Casualty Company of New York. The appellees in the trial court recovered judgment against both of the appellants...

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