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E. I. du PONT de NEMOURS AND COMPANY v. McCAIN

No. 26320.

414 F.2d 369 (1969)

E. I. du PONT de NEMOURS AND COMPANY, Appellant, v. Bruce McCAIN et al., Appellees.

United States Court of Appeals Fifth Circuit.

June 16, 1969.

Attorney(s) appearing for the Case

William L. Kerr, Theodore M. Kerr, Kerr, Fitz-Gerald & Kerr, Midland, Tex., Walter D. Ford, Edward W. Schall, Harry Fairchild, Wilmington, Del., Daniel M. Gribbon, Washington, D. C., for appellant; Covington & Burling, Washington, D. C., of counsel.

Eldon B. Mahon, Walter S. Pope, Jr., Abilene, Tex., for appellees; Willoughby, Pope, Dickenson, Batjer & Glandon, Abilene, Tex., of counsel.

Before GOLDBERG and MORGAN, Circuit Judges, and LIEB, District Judge.

LIEB, District Judge.

This products liability and negligence action was brought against duPont by persons who were injured and whose home was destroyed when an explosion occurred while Charles McCain was applying a water repellent compound, called "X-33", in the basement of his parents' home. The compound was manufactured by Wilmington Chemical Corporation (WCC). It contained 98% Shell Sol B, a petroleum distillate supplied by Shell Oil Company, and 2% "Tyzor HS"...

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