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DABERKO v. HEIL CO.

No. 81-2285.

681 F.2d 445 (1982)

Charles W. DABERKO, Plaintiff-Appellant, American International Adjustment Co., Inc., Intervenor-Appellant, v. HEIL COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 26, 1982.

Attorney(s) appearing for the Case

Evans & Moses, Steven C. Barkley, Beaumont, Tex., for Daberko.

Edward J. Mahar, Houston, Tex., for American Intern. Adjustment Co.

Orgain, Bell & Tucker, David J. Kreager, Beaumont, Tex., for Heil Co.

Before GARZA, POLITZ and WILLIAMS, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 26, 1982.

JERRE S. WILLIAMS, Circuit Judge:

I. FACTS

Charles W. Daberko was injured when he fell from the top of a large cylindrical trailer truck while unloading sulphur. The trailer was manufactured in 1974 by the Heil Company and sold to Robertson Tank Lines to be used as a special purpose MC 312 acid trailer. The primary means of loading the trailer was through a round dome lid located at the top...

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