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GUTIERREZ v. EXCEL CORP.

No. 95-11051.

106 F.3d 683 (1997)

Teddy GUTIERREZ, Plaintiff, and Pamela Calderon; Maria de la Cruz, Plaintiffs-Appellants, v. EXCEL CORPORATION, et al., Defendants, Excel Corporation, Defendant-Appellee. Frances PONCE, Plaintiff-Appellant, v. EXCEL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 5, 1997.

Attorney(s) appearing for the Case

Kevin Thomas Glasheen, Fadduol & Glasheen, Lubbock, TX, for plaintiffs-appellants.

Hugh N. Lyle, Eric Gordon Walraven, Robert L. Craig, Jr., Craig, Terrill & Hale, Lubbock, TX, for Excel Corp.

Before POLITZ, Chief Judge, and SMITH and DUHÉ, Circuit Judges.

DUHÉ, Circuit Judge:

Appellants Maria de la Cruz, Frances Ponce, and Pamela Calderon sued their employer, Excel Corporation, for injuries they allegedly suffered while working at Excel's meatpacking plant.1 Jurisdiction was based upon diversity of citizenship. The jury returned a verdict for de la Cruz and Ponce but found no negligence on the part of Excel as to Calderon. Thereafter, the district court granted Excel's renewed motion...

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