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MOSBY v. SOUTHWESTERN ELEC. POWER CO.

No. 81-2070 Summary Calendar.

659 F.2d 680 (1981)

Cynthia Denise Ferguson MOSBY et al., Plaintiffs-Appellees, v. SOUTHWESTERN ELECTRIC POWER COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Opinion on Rehearing December 24, 1981.

Attorney(s) appearing for the Case

Herbert Boyland, Longview, Tex., for defendant-appellant.

Crawford Parker, Jr., Carthage, Tex., for plaintiffs-appellees.

Before AINSWORTH, REAVLEY and RANDALL, Circuit Judges.

AINSWORTH, Circuit Judge:

Plaintiffs Cynthia Mosby and her children instituted this Texas diversity suit against Southwestern Electric Power Company to recover damages for the death by electrocution of Elzie Ferguson, former husband of Mrs. Mosby and father to her two children. Mr. Ferguson died when he and two other men were attempting to erect a citizens band radio antenna at the site of a mobile home. The facts giving rise to this appeal are not in dispute. On...

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