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CROSBY v. GENERAL TIRE & RUBBER CO.

No. 75-2059.

543 F.2d 1128 (1976)

James Robert CROSBY, Plaintiff, v. The GENERAL TIRE & RUBBER COMPANY, Defendant-Third-Party Plaintiff-Appellant, v. VULCAN PAINTERS, INC., etc., et al., etc., Third-Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 14, 1977.

Attorney(s) appearing for the Case

Charles E. Sharp, George M. VanTassel, Jr., Birmingham, Ala., for defendant-third-party plaintiff-appellant.

Bibb Allen, Birmingham, Ala., for Vulcan, etc.

Before RIVES, GEWIN and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

I. Introduction.

A flash fire inside a chemical tank at the Columbus, Mississippi plant of General Tire and Rubber Company (General Tire) severely burned James Crosby, who was inside the tank painting it. The work was being done pursuant to a contract between General Tire and Vulcan Painters, Inc. (Vulcan), the Alabama company that employed Crosby.

Crosby received workmen's compensation from Vulcan. Then Crosby filed...

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