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HILL v. INTERNATIONAL PAPER CO.

No. 95-60668.

121 F.3d 168 (1997)

Andres HILL, et al., Plaintiffs, Andres Hill, Plaintiff-Appellee-Cross-Appellant, v. INTERNATIONAL PAPER COMPANY, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 25, 1997.

Attorney(s) appearing for the Case

Judy Diane Lee, Donald C. Dornan, Jr., Biloxi, MS, for Plaintiff-Appellee-Cross-Appellant.

Michael O'Mara Gwin, John G. Corlew, Watkins & Eager, Jackson, MS, James Henry Colmer, Jr., Colingo, Williams, Heidelberg, Steinberger & McElhaney, Pascagoula, MS, for Defendant-Appellant-Cross-Appellee.

Before HIGGINBOTHAM, DAVIS and BARKSDALE, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Primarily at issue is the duty owed, under Mississippi law, by a premises owner to an independent contractor for a dangerous condition on the premises. Plaintiff-appellee Andres Hill contends that the duty, in regards to all invitees, is singular: to maintain reasonably safe premises. Based on this theory, as enunciated in Tharp v. Bunge Corp., 641 So.2d 20 (Miss.1994) (en banc...

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