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DOSS v. APACHE POWDER COMPANY

No. 27521.

430 F.2d 1317 (1970)

Charles E. DOSS et al., Plaintiffs-Appellees, v. APACHE POWDER COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied September 3, 1970.

Attorney(s) appearing for the Case

W. O. Shafer, James M. O'Leary, Shafer, Gilliland, Davis, Bunton & McCollum, Odessa, Tex., for defendant-appellant.

John J. Watts, Odessa, Tex., for plaintiffs-appellees.

Before THORNBERRY, GODBOLD and MORGAN, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied September 3, 1970.

GODBOLD, Circuit Judge:

This is an appeal from a judgment entered in the Western District of Texas against Apache Powder Company for damages for personal injuries to three persons and the death of a fourth in an accidental explosion of Apache dynamite in Texas. We reverse and remand for a new trial.

When the explosion occurred the dynamite was...

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