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BYRD v. HUNT TOOL SHIPYARDS, INC.

No. 80-3084.

650 F.2d 44 (1981)

Willie BYRD, Plaintiff-Appellee, v. HUNT TOOL SHIPYARDS, INC. et al., Defendants, Pulmosan Safety Equipment Corporation, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A

On Petition for Rehearing July 8, 1981.

Attorney(s) appearing for the Case

Johnston & Duplass, Robert M. Johnston, Satterlee, Mestayer & Freeman, A. D. Freeman, New Orleans, La., for defendant-appellant.

Gertler & Gertler, Meyer H. Gertler, Rodney P. Vincent, New Orleans, La., for plaintiff-appellee.

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

SPEARS, District Judge:

This is a products liability case initiated by Byrd against Pulmosan Safety Equipment Corp. (Pulmosan), an industrial safety equipment manufacturer. Byrd, a sandblaster-painter at the Hunt Tool Shipyards (Hunt Tool) from 1965 to 1970, was furnished a Pulmosan H-30-G hood to protect him from the deleterious effects of silica dust. In 1977, Byrd was forced to discontinue working because of a respiratory ailment, which was diagnosed as silicosis...

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