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SUMMERS v. CROWN CONSTRUCTION COMPANY

No. 71-1463.

453 F.2d 998 (1972)

Samuel Dale SUMMERS and Mertie Irene Summers, his wife, Appellees, v. CROWN CONSTRUCTION COMPANY, a corporation, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 12, 1972.

Attorney(s) appearing for the Case

George I. Buckler, Pittsburgh, Pa. (Meyer, Darragh, Buckler, Bebenek & Eck, Pittsburgh, Pa., and Russell L. Furbee, Herschel Rose, James D. Nash, Jr., and Furbee, Amos, Webb & Critchfield, Fairmont, W. Va., on brief), for appellant.

Herbert G. Underwood, Clarksburg, W. Va. (Eugene R. Hoyer, Charleston, W. Va., Willis O. Shay, and Steptoe & Johnson, Clarksburg, W. Va., on brief), for appellees.

Before CRAVEN, BUTZNER and FIELD, Circuit Judges.

BUTZNER, Circuit Judge:

This appeal questions the liability under West Virginia law of a general building contractor to an independent contractor's employee who was injured by a defective crane owned and operated by the independent contractor. The district court entered judgment on the jury's verdict against the general contractor. We affirm because the accident resulted in part from the failure of the general contractor to exercise the broad control it had retained...

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