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HORTON v. BUHRKE, A DIV. OF KLEIN TOOLS, INC.

No. 90-4280.

926 F.2d 456 (1991)

Donald HORTON and Betty Horton, Plaintiffs-Appellants, v. BUHRKE, A DIVISION OF KLEIN TOOLS, INC. and Klein Tools, Inc., Defendants-Appellees, v. AETNA LIFE & CASUALTY COMPANY, Intervenor-Appellant.

United States Court of Appeals, Fifth Circuit.

March 18, 1991.

Attorney(s) appearing for the Case

Jennings B. Jones, Jones, Jones & Alexander, Cameron, La., for Horton.

Patrick M. Wartelle, Roy, Carmouche, Bivins, Judice, Henke & Breaud, Lafayette, La., for Aetna.

Thomas W. Lewis, John A. Berry, Boggs, Loehn & Rodrigue, New Orleans, for Buhrke.

Before JOHNSON, WILLIAMS and HIGGINBOTHAM, Circuit Judges.

JOHNSON, Circuit Judge:

Appellants appeal from the denial of a motion for directed verdict, the denial of a motion for judgment notwithstanding the verdict, and the judgment in favor of Appellees. This Court affirms in part, and reverses and remands in part.

I. FACTS AND PROCEDURAL HISTORY

Plaintiff Donald Horton was employed as a structural iron worker for approximately thirteen years. The duties of a structural iron worker require that work be...

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