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BALLENGER v. MOBIL OIL CORPORATION

No. 72-2715.

488 F.2d 707 (1974)

Mrs. Thomas J. BALLENGER et al., Plaintiffs-Appellees, v. MOBIL OIL CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 22, 1974.

Attorney(s) appearing for the Case

John G. Tucker, Beaumont, Tex., Maurice E. Amidei, Dallas, Tex., for defendant-appellant.

Gilbert T. Adams, Ernest J. Browne, Jr., Beaumont, Tex., for plaintiffs-appellees.

Before COLEMAN and SIMPSON, Circuit Judges, and ESTES, District Judge.

SIMPSON, Circuit Judge:

Mobil Oil Corporation appeals from an adverse jury verdict in a diversity suit brought against it by the survivors of Thomas J. Ballenger. The deceased was at all relevant times an employee of Mobil and died from burns sustained after an explosion and fire in Mobil facilities located in Beaumont, Texas, on April 23, 1970. Mrs. Ballenger and the two surviving minor children brought suit under Art. 8306, Sec. 5, Vernon's Ann.Civ. St., alleging...

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