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HOGAN v. MALONE LUMBER, INC.

Civ. A. No. 1:91-CV-0956.

800 F.Supp. 1441 (1992)

Donell L. HOGAN, Individually and as Personal Representative of the Estate of Garland Shane Hogan, Deceased and Colton Shane Hogan, a Minor, By and Through his Next Friend Donell L. HOGAN v. MALONE LUMBER, INC.

United States District Court, E.D. Texas, Beaumont Division.

July 31, 1992.

Attorney(s) appearing for the Case

Thomas J. Swearingen, Swearingen & Clark, Port Arthur, Tex., for plaintiff.

John W. Odam, Niewald, Waldeck & Brown, Houston, Tex., for defendant.

MEMORANDUM OPINION

COBB, District Judge.

On September 9, 1991, Garland Shane Hogan died in an accident at Malone Lumber Incorporated's plant in Merryville, Louisiana where he worked. Hogan's wife and son sued Malone Lumber in state court in Jasper, Texas for gross negligence in causing Hogan's death. The Hogans assert causes of action under the Texas wrongful death and survival statutes, Tex.Civ.Prac. & Rem.Code Ann. §§ 71.002-71.004 (Vernon...

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