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KELLEY v. GENERAL TELEPHONE COMPANY OF THE SOUTHWEST

No. 72-2318.

485 F.2d 1315 (1973)

Max Franklin KELLEY, Plaintiff-Appellee, v. GENERAL TELEPHONE COMPANY OF the SOUTHWEST, Defendant, Third-Party Plaintiff-Appellant-Appellee, v. Vernon L. CLARK, d/b/a Clark Enterprises, Third-Party Defendant-Appellant, Pacific Indemnity Company, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied November 19, 1973.

Attorney(s) appearing for the Case

Thomas W. Hathaway, Tyler, Tex., for General Telephone.

Otto A. Ritter, Rex A. Nichols, Longview, Tex., for Clark and Pacific Indemnity Co.

W. R. Barnes, Odessa, Tex., for Max Franklin Kelley.

Before GOLDBERG, AINSWORTH and INGRAHAM, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 19, 1973.

INGRAHAM, Circuit Judge :

The issues in this Texas diversity case concern the liability of an occupier to an invitee, in this case an employee of an independent contractor hired by the occupier to work on the occupier's land. We affirm the district court's judgment, entered on the jury verdict, for the employee. In the third party action based on an indemnity agreement between the occupier and the independent...

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