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DRAKE v. E. I. DuPONT deNEMOURS & CO.

No. 27496.

432 F.2d 276 (1970)

Guy DRAKE, Plaintiff-Appellee-Cross Appellant, v. E. I. DuPONT deNEMOURS & CO., Inc., et al., Defendants-Third Party Plaintiffs-Appellants-Cross Appellees, v. LEVINGSTON SHIPBUILDING COMPANY, Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied January 28, 1971.

Attorney(s) appearing for the Case

James E. Ross, Houston, Tex., for appellant-cross appellees.

Sidney Ravkind, Houston, Tex., for Guy Drake.

Arthur J. Mandell, Mandell & Wright, Houston, Tex., for appellee.

Strong, Pipkin, Nelson & Parker, Louis V. Nelson, Beaumont, Tex., for Levingston Shipbuilding Company, third party defendant-appellees.

Before WISDOM, SIMPSON and CLARK, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied January 28, 1971.

SIMPSON, Circuit Judge:

On March 29, 1965, Guy Drake, an employee of Levingston Shipbuilding Company, sustained serious and permanent injuries as a result of inhaling toxic fumes while he was welding in a cylinder pressure tank aboard the barge CHEMICAL 101. Drake sued the owners and operators of the barge, Dixie Carriers, Inc. (Dixie) and E. I. DuPont...

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