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MANSFIELD v. UNION-76-DIV. OF UNION OIL CO. OF CAL.

No. 74-4212.

532 F.2d 446 (1976)

Rachel MANSFIELD et al., Plaintiffs-Appellees, v. UNION-76-DIVISION OF UNION OIL COMPANY OF CALIFORNIA, Defendant-Appellant, v. AMERICAN MOTORISTS INSURANCE COMPANY, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 30, 1976.

Attorney(s) appearing for the Case

Cleve Bachman, Beaumont, Tex., for defendant-appellant.

Alto v. Watson, Beaumont, Tex., for Rachel Mansfield.

Wm. R. Powell, Houston, Tex., for American Motorists Ins. Co.

Before TUTTLE, THORNBERRY and TJOFLAT, Circuit Judges.

TUTTLE, Circuit Judge:

In this Texas diversity wrongful death action, we are required once more to consider the extent to which the Delhi-Taylor doctrine, Delhi-Taylor Oil Corp. v. Henry, 416 S.W.2d 390 (Tex.1967) is fatal to a negligence action on behalf of an injured employee of a subcontractor. We have most recently discussed this principle in Gray v. Martindale Lumber Co., 515 F.2d 1218<...

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