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RABON v. AUTOMATIC FASTENERS, INC.

No. 79-2994.

672 F.2d 1231 (1982)

David A. RABON, Plaintiff-Appellee, v. AUTOMATIC FASTENERS, INC., et al., Defendants, AUTOMATIC FASTENERS, INC., and Omark Industries, Inc., Defendants-Appellees, v. HARDAWAY CONSTRUCTION COMPANY, INC., Third Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing Denied May 18, 1982.

Attorney(s) appearing for the Case

John E. Houser, Jacksonville, Fla., for third party defendant-appellant.

Marks, Gray, Conroy & Gibb, John R. Saalfield, Jacksonville, Fla., for Automatic Fasteners, Inc.

Charles Cook Howell, III, Jacksonville, Fla., for Omark Industries, Inc.

W. C. Gentry, Jacksonville, Fla., for David A. Rabon.

Before TUTTLE, TJOFLAT and KRAVITCH, Circuit Judges.

TJOFLAT, Circuit Judge:

In the course of his employment for Hardaway Construction Company (Hardaway), David Rabon was struck above the left eye by a 2½ inch nail which was shot from a powder actuated stud gun by a co-employee. Rabon brought a diversity action against Omark Industries, Inc. (Omark), the manufacturer of the stud gun, and Automatic Fasteners, Inc. (Automatic), the distributor of the stud gun.1 Omark and Automatic brought...

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