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BARRERA v. E. I. DU PONT DE NEMOURS & CO., INC.

No. 80-1050.

653 F.2d 915 (1981)

Jose BARRERA, Plaintiff-Appellee, v. E. I. DU PONT DE NEMOURS AND COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing and Rehearing Denied October 20, 1981.

Attorney(s) appearing for the Case

Mehaffy, Weber, Keith & Gonsoulin, Robert Q. Keith, Beaumont, Tex., Brian R. Davis, Austin, Tex., for defendant-appellant.

Tonahill & Hile, Joe H. Tonahill, Jasper, Tex., for plaintiff-appellee.

Before CHARLES CLARK and GEE, Circuit Judges, and SPEARS, District Judge.

Rehearing and Rehearing En Banc Denied October 20, 1981.

GEE, Circuit Judge:

Du Pont appeals Jose Barrera's $300,000 judgment for personal injury. Not without some difficulty, we affirm.

In August 1976, Mr. Barrera, then a 36-year-old pipefitter, was working for an independent contractor on a job at a Du Pont plant near Beaumont, Texas. At the time of the incident, Mr. Barrera was grinding the edges of a freshly cut pipe that Du Pont had cleared and...

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