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LAKIN v. DANIEL MARR & SON CO.

No. 83-1498.

732 F.2d 233 (1984)

Richard J. LAKIN and Brenda Lakin, Plaintiffs, Appellees, v. DANIEL MARR & SON CO., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 12, 1984.

Rehearing Denied May 9, 1984.

Attorney(s) appearing for the Case

William J. Donovan, with whom Sheehan, Phinney, Bass & Green Prof. Ass'n, Manchester, N.H., was on brief, for defendant, appellant.

Ernest T. Smith, III, with whom Upton, Sanders & Smith, Concord, N.H., was on brief, for plaintiffs, appellees.

Before CAMPBELL, Chief Judge, BREYER, Circuit Judge, and PETTINE, Senior District Judge.

BREYER, Circuit Judge.

On August 20, 1979, Richard Lakin was working helping to build a nuclear power plant in Seabrook, New Hampshire. He was injured around 2:00 p.m. by a wood plank approximately ten inches wide, two inches thick, and several feet long that fell and struck the top of his hard hat. He claimed that at the time it hit him a workman for Daniel Marr & Son Co. was working roughly fifty-four feet above him tossing planks of similar size near an uncovered...

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