CARROLL v. KILROY

No. 73-1940. Summary Calendar.

483 F.2d 977 (1973)

Robert CARROLL, Plaintiff-Appellant, Security Insurance Company, Intervenor-Plaintiff-Appellant, v. John C. KILROY and Exxon Corporation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 31, 1973.


Attorney(s) appearing for the Case

Joseph W. Cole, Jr., William L. Kimball, Port Allen, La., for Carroll.

William H. Cooper, Baton Rouge, La., for Security Ins.

Ben W. Lightfoot, Calvin E. Hardin, Jr., Baton, Rouge, La., for Exxon.

George R. Covert, Baton Rouge, La., for Kilroy.

Before GEWIN, COLEMAN and MORGAN, Circuit Judges.


PER CURIAM:

In this case the only question presented is whether Exxon Corporation is the statutory employer of appellant Carroll. Carroll was injured while delivering a load of hot asphalt that had been sold by Exxon to one of its customers. He alleged that his injuries were caused by Exxon's negligence. Exxon countered with the argument that the work being performed by Carroll was an integral part of its regular trade, business...

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