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TURNER v. RAY GEOPHYSICAL DIVISION OF MANDREL INDUSTRIES, INC.

No. 71-2501 Summary Calendar.

450 F.2d 349 (1971)

Elsie Mae Strother TURNER, Individually, and as Administratrix of the Estate of Her Minor Son, Jerry Jerome Turner, Plaintiff-Appellant, v. RAY GEOPHYSICAL DIVISION OF MANDREL INDUSTRIES, INC., Defendant-Appellee, and Humble Oil & Refining Company & Union Oil Company of California, Defendants.

United States Court of Appeals, Fifth Circuit.

November 18, 1971.

Attorney(s) appearing for the Case

Max Zelden, Zelden & Zelden, New Orleans, La., for plaintiff-appellant.

Peter G. Burke, Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, La., for Ray Geophysical & Union Oil Co.

E. Burt Harris, New Orleans, La., for Humble Oil.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

PER CURIAM:

Summary judgment was properly entered in favor of Ray Geophysical Division of Mandrel Industries, Inc. on the issue of tort immunity under the North Dakota Workmen's Compensation Act, based upon the unopposed affidavits and the certificate of compensation premium payment in evidence before the district court. Therefore, we do not reach the issue of prescription. Affirmed. See Local Rule 21.

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