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WEBB v. STANDARD OIL COMPANY

No. 30922.

451 F.2d 284 (1971)

J. P. (Pat) WEBB, Plaintiff-Appellant, v. STANDARD OIL COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 5, 1971.

Attorney(s) appearing for the Case

W. D. (Jack) Knight, Nashville, Ga., Ed. G. Barham, Valdosta, Ga., for plaintiff-appellant.

Kirk McAlpin, A. Felton Jenkins, Jr., Atlanta, Ga., Cam U. Young, Valdosta, Ga., Joseph B. Haynes, Atlanta, Ga., for defendant-appellee; Young, Young & Ellerbee, Valdosta, Ga., King & Spalding, Atlanta, Ga., of counsel.

Before JOHN R. BROWN, Chief Judge and COLEMAN and CLARK, Circuit Judges.

JOHN R. BROWN, Chief Judge:

When this case was first before this Court and we reversed the preceding dismissal for failure to state a claim,1 our opinion cautioned "this [remand] may turn out to have been a sterile exercise."2 Now, two years later and more than six years after Appellant Webbs' fateful fall from a ladder ascending a Standard Oil Company gas storage tank, we find that that prediction was painfully...

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