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HASHTANI v. DUKE POWER CO.

No. 77-1273.

578 F.2d 542 (1978)

Arnold HASHTANI, Appellee, v. DUKE POWER COMPANY, a corporation of the State of North Carolina, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 14, 1978.

Attorney(s) appearing for the Case

W. Edward Poe, Jr., Charlotte, N.C. (William I. Ward, Jr., Charlotte, N.C., on brief), for appellant.

Robert B. Cordle, Charlotte, N.C. (Norvin K. Dickerson, III, Helms, Mulliss & Johnston, Charlotte, N.C., Tim L. Harris, Castonia, N.C., Harold A. Schuman, Toms River, N.J., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, BRYAN, Senior Circuit Judge, and RUSSELL, Circuit Judge.

DONALD RUSSELL, Circuit Judge.

The plaintiff-appellee, in the company of his twin brother and another companion, determined to climb to the top of a forty-five foot steel tower. The tower consisted of four legs, bound together by steel crossbars, diagonally placed, and supporting three high-voltage electric transmission lines. When plaintiff's twin reached the top of the tower, after being there for about a minute, he heard a buzzing sound. He looked down and a "big...

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