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CANIPE v. NATIONAL LOSS CONTROL SERVICE CORP.

No. 83-4346.

736 F.2d 1055 (1984)

Billy CANIPE, Plaintiff-Appellant, v. NATIONAL LOSS CONTROL SERVICE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 24, 1984.

Attorney(s) appearing for the Case

Merkel & Cocke, Charles M. Merkel, John H. Cocke, Clarksdale, Miss., Todd & Deal, Memphis, Tenn., Lloyd Anthony Deal, Memphis, Tenn., for plaintiff-appellant.

Walter W. Thompson, Clarksdale, Miss., for defendant-appellee.

Before WISDOM, REAVLEY, and HIGGINBOTHAM, Circuit Judges.

WISDOM, Circuit Judge:

This diversity action involves the applicability of the principles of section 324A of the American Law Institute's Restatement (Second) of Torts (1965) to a tort case subject to Tennessee law. Section 324A deals with the liability of an actor, rendering services to one person, for failure to exercise reasonable care to protect a third person.

Billy Canipe sues to recover for a severe personal injury that he sustained at work. The defendant...

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