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STEWART v. ATLANTIC PIPE LINE COMPANY

No. 72-1543.

470 F.2d 738 (1972)

Mrs. Geraldine STEWART et al., Plaintiffs, Mary K. McKague et al., Plaintiffs-Appellees-Cross Appellants, v. ATLANTIC PIPE LINE COMPANY et al., Defendants-Appellants-Cross Appellees, v. TEXAS GENERAL INDEMNITY COMPANY, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 27, 1973.

Attorney(s) appearing for the Case

Dale Dowell, Beaumont, Tex., for Atlantic Pipe Line Co.

Walter Umphrey, Port Arthur, Tex., for McKague.

John G. Tucker, Beaumont, Tex., for Texas Gen. Indemnity Co.

H. P. Wright, Port Neches, Tex., for Geraldine Stewart.

Before TUTTLE, WISDOM and GODBOLD, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 27, 1973.

PER CURIAM:

We affirm the judgment of the trial court, except as to that court's action in arbitrarily reducing some of the verdicts arrived at by the jury. As to this issue the facts are simple and clear. John McKague was killed in an industrial accident. His widow brought this action to recover for herself and her children under the applicable wrongful death statute, and following trial the jury returned...

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