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CAIN v. GEORGE

No. 26372.

411 F.2d 572 (1969)

Mildred C. CAIN and husband, James Cain, Sr., Appellants, v. Chester GEORGE et ux., Appellees.

United States Court of Appeals Fifth Circuit.

May 23, 1969.

Attorney(s) appearing for the Case

Otto B. Mullinax, Mullinax, Wells, Mauzy, Levy & Richards, Ed J. Polk, Jay M. Vogelson, Dallas, Tex., for appellants.

M. Hendricks Brown, Brown, Day & Crowley, Paul Peebles, Fort Worth, Tex., for appellees.

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

PER CURIAM:

This is a diversity of citizenship case brought by the parents under the wrongful death statute of Texas for the death of their son who died of carbon monoxide poisoning while a guest in appellees' motel. A chair next to the heater had burned and was smoldering at the time of the arrival of the fire department. Plaintiffs alleged that the gas heater in the motel room was defective because it had been improperly...

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