No. 25615.

414 F.2d 320 (1969)

J. P. (Pat) WEBB, Appellant, v. STANDARD OIL COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 27, 1969.

Attorney(s) appearing for the Case

Ed G. Barham, Valdosta, Ga., W. D. Knight, Nashville, Ga., Franklin Barham, Coleman, Elliott & Blackburn, Valdosta, Ga., for appellant.

Kirk, McAlpin, Atlanta, Ga., Cam U. Young, Valdosta, Ga., Charles M. Kidd, A. Felton Jenkins, Jr., Atlanta, Ga., Young, Young & Ellerbee, Valdosta, Ga., King & Spalding, Atlanta, Ga., of counsel, for appellee.

Before JOHN R. BROWN, Chief Judge, TUTTLE, Circuit Judge, and FISHER, District Judge.

JOHN R. BROWN, Chief Judge:

The damage claim asserted in this diversity case arises from personal injuries sustained by plaintiff Webb in a fall from the defendant oil company's storage tank. Webb appeals from the dismissal of his complaint for failure to state a claim upon which relief could be granted.

In this Circuit the "high mortality rate" of dismissals on the "barebones pleadings" is a well-publicized fact. See, e. g., Banco Continental v. Curtiss...

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