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BOYER v. TENN TOM CONSTRUCTORS

No. 82-4516. Summary Calendar.

702 F.2d 609 (1983)

Sharon BOYER, Plaintiff-Appellant, v. TENN TOM CONSTRUCTORS, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 12, 1983.

Attorney(s) appearing for the Case

Carnathan & Malski, Michael Malski, Amory, Miss., for plaintiff-appellant.

Mitchell, Eskridge, Voge, Clayton & Beasley, Claude F. Clayton, Jr., Tupelo, Miss., for defendants-appellees.

Before CLARK, Chief Judge, POLITZ and HIGGINBOTHAM, Circuit Judges.

POLITZ, Circuit Judge:

This Mississippi diversity case presents the sole question whether the defendants, Morrison Knudson, Inc., Brown & Root, Inc., and Martin K. Eby Construction Company, Inc. (hereinafter referred to collectively as "Tenn Tom"), charged with creating a dangerous condition in a public road, can be held liable to the plaintiff for injuries caused by this defect in the road. Resolving this question in the negative, the district court granted defendants...

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