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McCREA v. HARRIS COUNTY HOUSTON SHIP CHANNEL NAV. DIST.

No. 27499.

423 F.2d 605 (1970)

Dorothy B. McCREA, a Widow, Individually, and as Independent Executrix of the Estate of Herbert R. McCrea, Dec'd, and James A. McCrea, a Minor, Plaintiffs-Appellants, v. HARRIS COUNTY HOUSTON SHIP CHANNEL NAVIGATION DISTRICT and Pacific Employers Insurance Co., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied April 13, 1970.

Attorney(s) appearing for the Case

Warner F. Brock, Brock & Williams, Houston, Tex., for appellants.

Finis E. Cowan, Houston, Tex., for appellees; Baker, Botts, Shepherd & Coates, Houston, Tex., of counsel.

Before GEWIN, THORNBERRY and AINSWORTH, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied April 13, 1970.

GEWIN, Circuit Judge:

On August 18, 1964, Herbert R. McCrea, an employee of Harris County Houston Ship Channel Navigation District (Navigation District), was killed when he fell into a concrete-lined pit, housing an hydraulic dumping mechanism used by the Navigation District in unloading grain from railroad cars. Mrs. Dorothy McCrea,1 his widow, filed suit in the United...

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