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MADRID v. MINE SAFETY APPLIANCE COMPANY

No. 73-1202.

486 F.2d 856 (1973)

Mike MADRID, Administrator of the Estate of Ted McDonald, Deceased, Plaintiff-Appellant, v. MINE SAFETY APPLIANCE COMPANY, a corporation, and Texaco, Inc., a corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided October 25, 1973.

Attorney(s) appearing for the Case

Benjamin S. Eastburn, Farmington, N. M., for plaintiff-appellant.

John P. Cusack, Roswell, N. M., for defendant-appellee Mine Safety Appliance Co.

White & Caton, Farmington, N. M., for defendant-appellee Texaco, Inc.

Before BREITENSTEIN, Senior Circuit Judge, DOYLE, Circuit Judge, and TALBOT SMITH, Senior District Judge.

TALBOT SMITH, Senior District Judge.

The appeal before us relates to the tort liability of the Mine Safety Appliance Company (hereafter Mine Safety) and Texaco, Inc., arising out of the death of appellant's decedent, Ted Mc-Donald. Mr. McDonald was, at the time of his death, an employee of the National Tank Company. The case was tried to the Court, without a jury, following which the Court entered exhaustive findings of fact...

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