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MONSON v. SHELL OIL COMPANY

No. 27195.

412 F.2d 294 (1969)

Curtis MONSON, Plaintiff-Appellee, v. SHELL OIL COMPANY and the Travelers Insurance Company, Defendants and Third-Party Plaintiffs-Appellants, v. WYATT INDUSTRIES, INC., et al., Third-Party Defendants-Appellees.

United States Court of Appeals Fifth Circuit.

June 9, 1969.

Attorney(s) appearing for the Case

John J. Weigel, of Jones, Walker, Waechter, Poitevent, Carrere & Dengre, New Orleans, La., for Shell Oil Co. and Travelers Ins. Co.

J. Michael Cumberland, Reginald T. Badeaux, Jr., Lloyd C. Melancon, of McLoughlin, Barranger, West, Provosty & Melancon, New Orleans, La., for intervenor — Steel Tank & Superior.

Before WISDOM and MORGAN, Circuit Judges, and DAVIS, Judge of the United States Court of Claims.

PER CURIAM:

In this diversity case Curtis Monson, an employee of Steel Tank Construction Co., was injured in a fall while he was working on the construction of a separator catalyst vessel at Shell's refinery in Norco, Louisiana. As he was descending from a steel beam he seized a piece of conduit pipe for support. He did not know nor could he have observed that this piece of conduit had been cut in half. The pipe gave way and he fell to the ground twenty to twenty...

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