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HILYER v. HOWAT CONCRETE CO., INC.

Nos. 77-1263, 77-1264 and 77-1267.

578 F.2d 422 (1978)

Sonia HILYER, Individually, as administratrix of the Estate of James H. Hilyer, III, Deceased, and as natural guardian of her two minor sons, James H. Hilyer, IV and Brian Michael Hilyer, Appellants, v. HOWAT CONCRETE COMPANY, INC., et al. Sonia HILYER, Individually, as administratrix of the Estate of James H. Hilyer, III, Deceased, and as natural guardian of her two minor sons, James H. Hilyer, IV and Brian Michael Hilyer v. HOWAT CONCRETE COMPANY, INC., et al. (two cases). Appeal of NATIONAL LOSS CONTROL SERVICE CORPORATION. Appeal of BECHTEL CONSTRUCTION CO., Washington Metropolitan Area Transit Authority and District of Columbia.

United States Court of Appeals, District of Columbia Circuit.

Decided May 10, 1978.

Attorney(s) appearing for the Case

George S. Leonard, Washington, D. C., for Sonia Hilyer, appellant in No. 77-1263, and cross-appellee in Nos. 77-1264 and 77-1267.

Patrick J. Attridge, Rockville, Md., for appellee Howat Concrete Co., Inc., et al., in Nos. 77-1263, 77-1264, and 77-1267.

Lawrence T. Scott, Washington, D. C., for appellee Nat'l. Loss Control Service Corp., in Nos. 77-1263 and 77-1267, and cross-appellant in No. 77-1264.

William D. Foote, Jr., Rockville, Md., with whom James C. Gregg, Washington, D. C., was on the brief, for appellees Bechtel, WMATA, and District of Columbia, in Nos. 77-1263 and 77-1264, and cross-appellant in No. 77-1267.

Before McGOWAN, TAMM and LEVENTHAL, Circuit Judges.

Opinion for the Court filed by McGOWAN, Circuit Judge.

McGOWAN, Circuit Judge:

Appellant brought a wrongful death action in the District Court after her husband died from injuries sustained in the course of his employment as a construction worker on a subway construction project in Washington. Although several parties were named as defendants, the case proceeded through trial only against appellee Howat Concrete Co., owner and operator of the concrete mixer...

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