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HORN v. C. L. OSBORN CONTRACTING CO.

No. 77-1112.

591 F.2d 318 (1979)

Johnnie L. HORN, Plaintiff-Appellant, v. C. L. OSBORN CONTRACTING COMPANY, Defendant-Third-Party Plaintiff-Appellee-Cross-Appellant, v. BAMA UTILITY CONTRACTORS, INC., Third-Party Defendant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 7, 1979.

Attorney(s) appearing for the Case

Billy E. Moore, J. Sherrod Taylor, B. Randall Blackwood, Columbus, Ga., for Johnnie L. Horn.

S. E. Kelly, Ernest Kirk, II, Columbus, Ga., for Osborn Contracting Co.

Richard A. Marchetti, Columbus, Ga., for Bama Utility.

Before MORGAN, RONEY and VANCE, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 7, 1979.

LEWIS R. MORGAN, Circuit Judge:

This appeal1 concerns primarily an action for damages by Johnnie L. Horn (Horn), an employee of Bama Utility Contractors, Inc. (Bama), against C. L. Osborn Contracting Company (Osborn) for on-the-job injuries.

FACTS

The Board of Water Commissioners of the City of Columbus, Georgia contracted with Osborn, as a general contractor...

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