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WEAKLEY v. FISCHBACH & MOORE, INC.

No. 74-1499.

515 F.2d 1260 (1975)

Earl WEAKLEY et al., Plaintiff-Appellee, v. FISCHBACH & MOORE, INC., et al., Defendants-Third Party Plaintiffs-Appellants, v. GOODYEAR TIRE AND RUBBER COMPANY, Third Party Defendant-Appellee, Standard Fire Insurance Company, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

July 21, 1975.

Attorney(s) appearing for the Case

Herbert Boyland, Blake C. Erskine, Longview, Tex., for defendants-third party plaintiffs-appellants.

Charles F. Potter, Tyler, Tex., for Earl Weakley and Aetna Casualty.

Otto A. Ritter, Longview, Tex., for Goodyear Tire.

Before WISDOM and DYER, Circuit Judges, and CHRISTENBERRY, District Judge.

WISDOM, Circuit Judge:

This diversity suit arises out of an electrical explosion at the Kelly-Springfield Tire Company plant in Tyler, Texas. On November 6, 1970, Earl Weakley had called together Thomas McKay, Charles Baker, and Martin Kennedy for a demonstration of an "isolator switch". At the time, they believed there was no current passing through the switch. Unhappily they were wrong. When Weakley moved the switch, he...

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