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BAIL v. CUNNINGHAM BROTHERS, INC.

No. 18746.

452 F.2d 182 (1971)

Harry BAIL, Plaintiff-Appellee, v. CUNNINGHAM BROTHERS, INC., a Wisconsin Corporation, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied October 22, 1971.

Attorney(s) appearing for the Case

Jack E. Horsley, Donald E. Castles, Mattoon, Ill., Richard F. Record, Jr., Craig & Craig, Mattoon, Ill., for Cunningham Brothers, Inc., a Wisconsin Corporation, defendant-appellant.

Leonard T. Flynn, Champaign, Ill., of Franklin, Flynn & Palmer, Champaign, Ill., for Harry Bail, plaintiff-appellee.

Before SWYGERT, Chief Judge, and PELL and SPRECHER, Circuit Judges.

PELL, Circuit Judge.

Plaintiff Harry Bail brought this diversity action in the district court seeking to recover damages for personal injuries sustained as the result of his falling when a scaffold upon which he was working collapsed. Defendant Cunningham Brothers, Inc., a Wisconsin corporation, was the general contractor at the particular construction site, while plaintiff was employed as a brick mason by Davidson Masonry and Restoration, Inc., a subcontractor. The...

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