No. 89-4534.

906 F.2d 204 (1990)

Winston HILL and Ila Mae Hill, As Co-Administrators of the Estate of Harvey Hill, Deceased, Plaintiffs-Appellants, v. LONDON, STETELMAN, AND KIRKWOOD, INC., et al., Defendants-Appellees. Margaret Denmark FOSTER, As Administratrix of the Estate of Johnny Clark Carpenter, Deceased, Plaintiff-Appellant, v. LONDON, STETELMAN, AND KIRKWOOD, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 24, 1990.

Attorney(s) appearing for the Case

Leonard B. Melvin, Jr., Billie B. Graham, Melvin & Melvin, Laurel, Miss., Halron W. Turner, Edward P. Turner, Turner, Onderdonk & Kimbrough, Chatom, Ala., for plaintiffs-appellants.

R.E. Parker, Jr., Gail S. Akin, Varner, Parker & Sessums, Vicksburg, Miss., Robert L. Rogers, Gillespie & Rogers, Hattiesburg, Miss., for defendants-appellees.

Before BROWN, JOLLY and DAVIS, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Johnny C. Carpenter and Harvey E. Hill died of asphyxiation when a fire broke out in their Hattiesburg, Mississippi apartment in the early morning of February 20, 1983. The administrators of the respective estates filed this wrongful death action against the defendants, who are owners and managers of the apartment complex. The administrators appeal the grant of summary judgment to the defendants and contend that the district court erred...

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