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BAINES v. U. S. PIPE AND FOUNDRY CO., INC.

Civ. A. No. 77-G-0829-W.

463 F.Supp. 107 (1978)

Ronald BAINES and Laverne Baines, Plaintiffs, American Mutual Liability Insurance Company, Plaintiff-Intervenor, v. U. S. PIPE AND FOUNDRY COMPANY, INC., Jim Walter Corporation, Jim Walter Associates, Advance Construction Equipment, Inc., Advanced Construction Company, Inc., Advanced Construction, Inc., C T Corporation System, Inc., Symons Corporation, Defendants.

United States District Court, N. D. Alabama, W. D.

Amended Memorandum Opinion February 16, 1979.

Attorney(s) appearing for the Case

James J. Jenkins, Phelps, Owens & Jenkins, Tuscaloosa, Ala., for plaintiffs Ronald Baines and Laverne Baines.

Duncan Y. Manley, Rives, Peterson, Pettus, Conway, Elliott & Small, Birmingham, Ala., for plaintiff-intervenor.

James W. Gewin, Bradley, Arant, Rose & White, Birmingham, Ala., for defendants U. S. Pipe and Foundry Co., Jim Walter Corp., and Jim Walter Associates.

Hugh W. Roberts, Jr., and Robert Land, Roberts & Davidson, Tuscaloosa, Ala., for defendants Advance Construction Equip., Inc. and Symons Corp.

AMENDED MEMORANDUM OPINION

GUIN, District Judge.

This diversity case is before the court on defendants' motions for summary judgment. Plaintiff Ronald Baines is a former employee of Underground Development Company, an independent contractor employed by defendant U. S. Pipe and Foundry Company, Inc., a subsidiary of defendant Jim Walter Corporation, to construct a coal mine. On June 20, 1976, Mr. Baines, while working as a coal miner or construction coal...

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