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DAWSON v. CONTRACTORS TRANSPORT CORP.

No. 24533.

467 F.2d 727 (1972)

Russell L. DAWSON et al. v. CONTRACTORS TRANSPORT CORP. Appellant, Magazine Bros. Construction Corp., et al.

United States Court of Appeals, District of Columbia Circuit.

Decided June 15, 1972.

Rehearing Denied November 13, 1972.

Attorney(s) appearing for the Case

Mr. John F. Mahoney, Jr., Washington, D. C., with whom Mr. Charles E. Pledger, Jr., Washington, D. C., was on the brief, for appellant.

Mr. Warren E. Magee, Washington, D. C., with whom Mr. Thomas G. Laughlin, Washington, D. C., was on the brief, for appellee Dawson.

Mr. James C. Gregg, Washington, D. C., with whom Mr. Hugh Lynch, Jr., Washington, D. C., was on the brief, for appellee William H. Singleton Co.

Before FAHY, Senior Circuit Judge, and McGOWAN and MacKINNON, Circuit Judges.

McGOWAN, Circuit Judge:

The only issue before us is whether a cross-claiming defendant in a negligence action was entitled as a matter of constitutional right to a jury trial. The question arises in the special context of a plaintiff who has (1) been injured in the course of his employment, (2) received workmen's compensation as the exclusive remedy available to him against his employer, and (3) sued two other persons in...

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