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SMALL v. OLYMPIC PREFABRICATORS, INC.

Nos. 76-2629, 76-2851 and 76-2675.

588 F.2d 287 (1978)

Lester SMALL, Plaintiff-Appellant, v. OLYMPIC PREFABRICATORS, INC., a Washington Corporation, Defendant and Third Party Plaintiff-Appellee, v. HARBOR MECHANICAL, INC., Schuchart Industrial Contractors, Inc., and Howard S. Wright Const. Co. d/b/a Wright-Schuchart-Harbor, Third-Party Defendants-Appellees. Lester SMALL, Plaintiff, v. OLYMPIC PREFABRICATORS, INC., a Washington Corporation, Defendant and Third-Party Plaintiff-Appellee, v. HARBOR MECHANICAL, INC., Schuchart Industrial Contractors, Inc., and Wright-Schuchart-Harbor, and Howard S. Wright Const. Co., Third-Party Defendants-Appellants. Joyce G. ABBOTT, Administratrix of the Estate of Stanley Buffington, Deceased, Plaintiff-Appellee, v. OLYMPIC PREFABRICATORS, INC., a Washington Corporation, Defendant and Third-Party Plaintiff-Appellant, v. HARBOR MECHANICAL, INC., Schuchart Industrial Contractors, Inc., and Howard S. Wright Const. Co. d/b/a Wright-Schuchart-Harbor, Third-Party Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

December 21, 1978.

Attorney(s) appearing for the Case

Charles Paulson, Elden N. Rosenthal, Portland, Or., for plaintiffs-appellants.

Walter J. Cosgrave, Portland, Or., for defendant and third party plaintiff-appellee.

Before WRIGHT and GOODWIN, Circuit Judges, and JAMESON, District Judge.

EUGENE A. WRIGHT, Circuit Judge:

Small and Buffington were injured in an industrial accident on a construction job. Buffington has since died and the administratrix of his estate joins with Small in this appeal from the denial of motions for mistrial and new trial. The motions followed statements, heard by the jury, referring to workmen's compensation insurance. The appellants challenge also the reference of the case to a United States Magistrate.

An appeal...

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