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ALBINA ENGINE AND MACHINE WORKS, INC. v. ABEL

Nos. 6761, 6762.

305 F.2d 77 (1962)

ALBINA ENGINE AND MACHINE WORKS, INC., Appellant, v. R. A. ABEL and Safway Rental and Sales Company, Appellees. SAFWAY RENTAL AND SALES COMPANY, Cross-Appellant, v. R. A. ABEL and Albina Engine and Machine Works, Inc., Cross-Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied July 5, 1962.

Attorney(s) appearing for the Case

John A. Johnson and Robert E. Shelton, Oklahoma City, Okl. (W. B. Shively, Portland, Or., with them on the brief), for appellant and cross-appellee, Albina Engine & Machine Works, Inc.

L. D. Hoyt, Oklahoma City, Okl. (A. K. Little, Oklahoma City, Okl., with him on the brief), for appellee R. A. Abel.

Gordon F. Rainey, Oklahoma City, Okl., for appellee and cross-appellant, Safway Rental & Sales Co..

Before PICKETT and HILL, Circuit Judges, and CHRISTENSEN, District Judge.

CHRISTENSEN, District Judge.

R. A. Abel brought this action against Albina Engine and Machine Works, Inc., and Safway Rental and Sales Company1 to recover damages for injuries sustained by him on May 7, 1958, when one of the steel cables suspending scaffolding on which he was standing while working as a painter on the side of a building in Oklahoma City broke, causing him to fall to the pavement below.

Albina was the owner of the...

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