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TRAVELERS INS. CO. v. PANAMA-WILLIAMS, INC.

Nos. 77-1975, 77-1976.

597 F.2d 702 (1979)

The TRAVELERS INSURANCE COMPANY, Plaintiff-Appellee, v. PANAMA-WILLIAMS, INC., Defendant-Appellant. The TRAVELERS INSURANCE COMPANY, Plaintiff-Appellant, v. PANAMA-WILLIAMS, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided April 30, 1979.

Rehearing Denied June 11, 1979.

Attorney(s) appearing for the Case

Thomas R. Brett of Jones, Givens, Brett, Gotcher, Doyle & Bogan, Tulsa, Okl., for The Travelers Insurance Co.

E. W. Keller, with Paul F. Fernald, Oklahoma City, Okl., on briefs, of Keller, Fernald & Bykerk, Oklahoma City, Okl., for Panama-Williams, Inc.

Before SETH, Chief Judge, and McKAY and LOGAN, Circuit Judges.

McKAY, Circuit Judge.

An employee of Panama-Williams, Inc. (Panama) died from an electric shock in an industrial accident while in the employment of Panama. His widow and children received the maximum allowable workmen's compensation death benefits. The decedent's survivors also commenced an action against Gulf Oil Co. (Gulf), owner of the power lines involved in the accident, for negligence in causing decedent's death. That suit was settled for $65,000, paid by Gulf...

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