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LESLIE v. CITIES SERVICE REFINING CORPORATION

No. 16963.

252 F.2d 902 (1958)

Mrs. Martha Mae LESLIE, Appellant, v. CITIES SERVICE REFINING CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

March 4, 1958.

Attorney(s) appearing for the Case

H. Alva Brumfield, Baton Rouge, La., for appellant.

G. Allen Kimball; Thos. F. Porter; Jones, Kimball, Harper, Tete & Wetherill; and Porter & Stewart, Lake Charles, La., for appellee.

Before HUTCHESON, Chief Judge, and JONES and BROWN, Circuit Judges.

PER CURIAM.

Leslie, an employee of Born Construction Company, an independent contractor, was killed when the 90-foot stack being raised for Cities Service Oil Corporation fell with a violent crash to the ground. The stack was being installed on a heater or furnace designed to be, and actually used as, a pre-heater and part of a catalytic cracking unit in the large refinery of Cities Service near Lake Charles, Louisiana.

The threshold question was, of course...

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