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LOVE v. FLOUR MILLS OF AMERICA

Nos. 79-2277, 80-1362 and 80-1237.

647 F.2d 1058 (1981)

Leon LOVE and James Pickett, Plaintiffs-Appellants, v. FLOUR MILLS OF AMERICA, a Delaware Corporation; and Chickasha Cotton Oil Company, a Delaware Corporation, Defendants-Appellees, and Houston General Insurance Company, Defendant-Appellee. Fred DONALDSON, Plaintiff-Appellant, v. FLOUR MILLS OF AMERICA, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Submitted November 18, 1980.

Decided May 8, 1981.

Attorney(s) appearing for the Case

Larry A. Tawwater, Oklahoma City, Okl., for plaintiffs-appellants Leon Love and James Pickett.

Don Manners of Manners, Cathcart & Lawter, Oklahoma City, Okl., for plaintiff-appellant Fred Donaldson.

Larry D. Ottaway of Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, Okl., for defendants-appellees Flour Mills of America and Chickasha Cotton Oil Co.

Glen Mullins, Oklahoma City, Okl. (Dale Reneau of Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, Okl., with him on brief), for defendant-appellee Houston General Insurance Co.

Before McWILLIAMS, BREITENSTEIN and LOGAN, Circuit Judges.

Argued and Submitted November 18, 1980 in Nos. 79-2277 and 80-1362.

Submitted November 18, 1980 in No. 80-1237.

LOGAN, Circuit Judge.

These separate diversity actions stem from a single tragic accident at a grain elevator in Durant, Oklahoma. Because common issues are raised in the appeals, we consolidated the cases and treat all arguments in a single opinion. The principal issues for our determination are (1) whether allegations of gross, willful...

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