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SMITH v. BORG-WARNER CORP.

No. 78-2919.

626 F.2d 384 (1980)

Donald Lee SMITH and Mary Smith, Plaintiffs, Donald Lee Smith, Plaintiff-Appellant, v. BORG-WARNER CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 5, 1980.

Attorney(s) appearing for the Case

Pike Powers, Austin, Tex., Michael L. Baker, Beaumont, Tex., Thomas F. Rugg, Port Arthur, Tex., for plaintiff-appellant.

Mehaffy, Weber, Keith & Gonsoulin, O. J. Weber, Paul J. Holmes, Beaumont, Tex., for defendant-appellee.

Before AINSWORTH and GEE, Circuit Judges, and HUNTER, District Judge.

GEE, Circuit Judge:

Appellant Donald Lee Smith worked for A. Schulman, Inc. ("Schulman") at the latter's plant in Orange, Texas. On May 21, 1973, Smith was seriously burned in an accident at his work place, and his resulting injuries form the basis for this lawsuit. Smith was in charge of the equipment used by Schulman to "compound" a thermoplastic raw material known as ABS, which is a versatile plastic used in a variety of items, such as telephones, ice chests, and...

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