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HARVILLE v. ANCHOR-WATE CO.

No. 80-1872.

663 F.2d 598 (1981)

Randy HARVILLE, Plaintiff-Appellee Cross-Appellant, Argonaut Southwest Insurance Company, Intervenor-Appellee, v. ANCHOR-WATE COMPANY, Defendant-Appellee Cross-Appellant. MATHIS MACHINERY COMPANY and Mid-Continent Pipeline Equipment Company, Defendants, Third-Party Plaintiffs-Appellants, Cross-Appellees, v. Dewey SMITH, Independent Executor For the Estate of Carl K. Smith, Deceased, Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 25, 1982.

Attorney(s) appearing for the Case

Atchley, Russell, Waldrop & Hlavinka, Howard Waldrop, Texarkana, Tex., for Mathis Mach. Co. and Mid-Continent.

Young, Patton & Folsom, Nicholas H. Patton, Texarkana, Tex., for Randy Harville.

Patterson, Lamberty & Kelly, Thomas Lawson Kelly, Jr., Dallas, Tex., for Argonaut.

John B. Greer, III, Texarkana, Tex., for Anchor-Wate Co.

Lynn Cooksey, Texarkana, Tex., for Dewey Smith.

Before GEE and RUBIN, Circuit Judges, and SPEARS, District Judge.

GEE, Circuit Judge:

On December 12, 1978, Randy Harville lost his right arm after becoming entangled in a large pipe-coating machine he was inspecting. The design and construction of this machine was initiated in 1973, when Anchor-Wate, a Texas corporation, contracted with Carl K. Smith, now deceased, sole proprietor of Mathis Machinery Company of Mathis, Texas, to design and build a pipe-coating machine. Effective April 1, 1974, Mid-Continent Pipeline Equipment Company...

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