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GORDY v. CITY OF CANTON, MISSISSIPPI

No. 75-2088.

543 F.2d 558 (1976)

Gregory Marshall GORDY et al., etc., Plaintiffs-Appellees, v. CITY OF CANTON, MISSISSIPPI, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 4, 1977.

Attorney(s) appearing for the Case

Cary E. Bufkin, Jackson, Miss., for defendant-appellant.

Roland C. Lewis, Jackson, Miss., for plaintiffs-appellees.

Before COLEMAN, GODBOLD and HILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 4, 1977.

COLEMAN, Circuit Judge.

It is undisputed that Marshall Gordy came to his death by accidental electrocution in Canton, Mississippi, on February 2, 1974. It is conceded that the fatality occurred while Mr. Gordy was unloading a dump truck on a construction site, the bed of the truck making contact with overhead electric lines owned and maintained by the City of Canton. The paramount issue, therefore, is...

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