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KRIDLER v. BITUMINOUS CASUALTY CORPORATION

No. 24364.

409 F.2d 88 (1969)

Roy Otis KRIDLER, Appellant, v. BITUMINOUS CASUALTY CORPORATION et al., Appellees.

United States Court of Appeals Fifth Circuit.

March 13, 1969.

Attorney(s) appearing for the Case

John P. Keegan, New Orleans, La., for appellant.

Henry B. Alsobrook, Jr., of Adams & Reese, New Orleans, La., for Bituminous Casualty Corporation and Aetna Casualty and Surety Co.

John J. Weigel, of Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., for Travelers Ins. Co.

Before JONES and GODBOLD, Circuit Judges, and SCOTT, District Judge.

GODBOLD, Circuit Judge:

The appellant, employed by B & T Construction Co., Inc. as a practical surveyor, was injured while at work on a construction site. A bulldozer was engaged in pushing debris, trees, stumps and limbs. A tree or tree limb in the debris, moving with a whipping or lashing motion, struck appellant from behind in the area behind the left knee.

The accident occurred May 21, 1961. Appellant was hospitalized that day and remained in the hospital...

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