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COLEMAN v. ASSOCIATED PIPELINE CONTRACTORS, INC.

No. 30834.

444 F.2d 737 (1971)

W. L. COLEMAN et al., Plaintiffs-Appellants, v. ASSOCIATED PIPELINE CONTRACTORS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 18, 1971.

Attorney(s) appearing for the Case

William F. Coleman, Francis S. Bowling, Overstreet & Kuykendall, John M. Kuykendall, Jr., Bowling, Coleman & Cothren, Jackson, Miss., for plaintiffs-appellants.

Hassell H. Whitworth, Elizabeth W. Grayson, Jackson, Miss., for defendant-appellee, Watkins & Eager, Jackson, Miss., of counsel.

Before O'SULLIVAN, THORNBERRY and DYER, Circuit Judges.

DYER, Circuit Judge:

In this tort action based on the allegedly wrongful death of a seven-year-old girl, the Colemans appeal from the District Court's directed verdict for Associated Pipeline Contractors, Inc. Applying Mississippi law, the court held that because decedent was a trespasser, or at most a gratuitous licensee, the contractor's sole duty was to refrain from willful or wanton injury. The court determined that the embankment where the accident occurred could...

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