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MOTTELER v. J. A. JONES CONSTRUCTION COMPANY

No. 71-1156.

457 F.2d 917 (1972)

Winnie Ruth MOTTELER, Administratrix of the Estate of Gary Leroy Motteler, Plaintiff-Appellant, v. J. A. JONES CONSTRUCTION COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied April 5, 1972.

Attorney(s) appearing for the Case

Norman E. Hay, Cannelton, Ind., Charles S. Gleason, Gleason, Woods & Johnson, Indianapolis, Ind., Birchler & Hay, Cannelton, Ind., for plaintiff-appellant.

James V. Donadio, Ralph A. Cohen, Ice, Miller, Donadio & Ryan, Indianapolis, Ind., for defendant-appellee.

Before SWYGERT, Chief Judge, SPRECHER, Circuit Judge, and CAMPBELL, Senior District Judge.

PER CURIAM.

This is an action stemming from the death of Gary Leroy Motteler, an iron-worker employed by the defendant, who died while working within the enclosed area of a cofferdam which had formerly been part of the Ohio River. The complaint was brought against the decedent's employer in three counts: Count I alleged damages under the theory of strict liability as defined in the Federal Employers' Liability Act, 45 U. S.C. §§ 51-60 and the Safety Appliances...

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