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GRAY v. MARTINDALE LUMBER COMPANY

No. 74-1016.

515 F.2d 1218 (1975)

Charles F. GRAY, Plaintiff-Appellant, v. MARTINDALE LUMBER COMPANY, Jack Martindale and Wilmer Martindale, Defendants-Appellees, Northwestern National Insurance Company, Intervenor.

United States Court of Appeals, Fifth Circuit.

July 18, 1975.

Attorney(s) appearing for the Case

Harold Peterson, Beaumont, Tex., George L. Schmidt, Houston, Tex., for plaintiff-appellant.

John Seale, March H. Coffield, Jasper, Tex., for defendants-appellees.

R. M. Ogden, Austin, Tex., for other interested parties.

Before RIVES, WISDOM and COLEMAN, Circuit Judges.

RIVES, Circuit Judge:

Gray seeks to recover damages for an extremely severe injury to his spinal cord resulting in paralysis of both his arms and legs,1 which occurred when a number of boards fell on him as he was attempting to unload his truck-trailer loaded with "oil field board road lumber."2

Gray, a 28-year-old truck driver, had been employed by Sears...

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