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HUBBARD v. REYNOLDS METALS COMPANY

No. 26675.

482 F.2d 63 (1973)

Lester HUBBARD et al., Plaintiffs-Appellants, v. REYNOLDS METALS COMPANY, a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied August 28, 1973.

Attorney(s) appearing for the Case

Raymond J. Conboy (argued), Dan O'Leary, of Pozzi, Wilson & Atchison, Portland, Or., for plaintiffs-appellants.

Douglas M. Ragen (argued), Frederic A. Yerke of King, Miller, Anderson, Nash & Yerke, Portland, Or., for defendant-appellee.

Before BROWNING, CARTER, and WRIGHT, Circuit Judges.

Rehearing and Rehearing In Banc Denied August 28, 1973.

PER CURIAM:

The great weight of authority holds that the exclusivity provisions of workmen's compensation acts do not bar common-law tort actions for negligently inflicted injury or disease if that injury or disease is not covered by the compensation act. See A. Larson, Workmen's Compensation Law § 65.10 and cases cited; 121 A.L.R. 1143 and cases cited; Summer v. Victor Chemical Works,

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