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MOORE v. SOUTHWESTERN ELEC. POWER CO.

No. 83-2266.

737 F.2d 496 (1984)

Leroy MOORE, Sr. and Wife Josephine Moore, Plaintiffs-Appellees, v. SOUTHWESTERN ELECTRIC POWER COMPANY, Defendant-Third-Party Plaintiff-Appellant, v. VALMAC INDUSTRIES, INC., Third-Party Defendant, Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 28, 1984.

Attorney(s) appearing for the Case

Kenley, Boyland, Coghlan & Griffin, Herbert Boyland, Longview, Tex., for defendant-third-party plaintiff-appellant.

Mike Smith, Gilmer, Tex., Mark P. McMahon, Longview, Tex., for Moore.

Ramey, Flock, Hutchins, Jeffus, McClendon & Crawford, Mike A. Hatchell, Tyler, Tex., for Valmac.

Before RANDALL, TATE and WILLIAMS, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 28, 1984.

JERRE S. WILLIAMS, Circuit Judge:

In this Texas diversity action, Josephine and Leroy Moore, Sr. sought damages from Southwestern Power Company (SWEPCO) for personal injuries arising out of the death of plaintiffs' son, Leroy Moore, Jr. Moore was fatally injured when he touched a live haul truck that had become electrically charged from contact with an electric power line owned by SWEPCO. On submission...

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