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LATHERS v. PENGUIN INDUSTRIES, INC.

No. 81-1426.

687 F.2d 69 (1982)

Glenda LATHERS, et al., Plaintiffs, v. PENGUIN INDUSTRIES, INC., Defendant-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 25, 1982.

Attorney(s) appearing for the Case

Rufus S. Garrett, Jr., Fort Worth, Tex., for defendant-appellant.

William L. Johnson, Jr., Asst. U. S. Atty., Fort Worth, Tex., for defendant-appellee.

Before GEE and JOHNSON, Circuit Judges, and VAN PELT, District Judge.

JOHNSON, Circuit Judge:

Suit was filed by several plaintiffs alleging damages for personal injuries and wrongful death against Penguin Industries, Inc. (Penguin) and the United States. Penguin filed a cross-action against the United States for contribution. A federal district court, on December 17, 1980, granted plaintiff's motion for partial summary judgment, holding that state court proceedings had determined the issue of...

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