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WILLIAMS v. MIDLAND CONSTRUCTORS

No. LR-63-C-37.

221 F.Supp. 400 (1963)

Norma E. WILLIAMS, Next Friend of Darrell Lee Williams, Robin Leigh Williams and Nancy Anne Williams, Minors, and Roy H. Williams, Individually and as Administrator of the Estate of Harvey Lee Williams, Deceased, Plaintiffs, v. MIDLAND CONSTRUCTORS, a Joint Venture of Hardaway Contracting Company, Oman Construction Company, Inc., R. P. Farnsworth & Co., Inc. and Wright Contracting Company, Defendants. INDUSTRIAL PAINTERS & SANDBLASTERS and National Surety Corporation, Third-Party Defendants.

United States District Court E. D. Arkansas, W. D.

September 9, 1963.

Attorney(s) appearing for the Case

Comer Boyett, Jr., of Yingling, Henry & Boyett, Searcy, Ark., for plaintiffs.

Robert S. Lindsey of Wright, Lindsey, Jennings, Lester & Shults, Little Rock, Ark., for defendants.

L. B. Burrow, Jr., Little Rock, Ark., for Industrial Painters & Sandblasters, third party defendant.

A. L. Barber, Little Rock, Ark., for National Surety Corp., third party defendant.

HENLEY, Chief Judge.

This wrongful death action is now before the Court on motion of the third party defendants to dismiss the third party complaint on the ground that it fails to state a claim upon which relief can be granted. The motion has been submitted on the record in the case, including memorandum briefs filed in connection with the motion as provided by Local Rule 8 of this Court. In passing upon the motion all allegations of fact contained in the complaint...

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