Charles F. Gray v. Martindale Lumber Company, Jack Martindale and Wilmer Martindale, Northwestern National Insurance Company, Intervenor

ON PETITION FOR REHEARING

(Opinion 7-18-75, 5 Cir., 515 F.2d 1218, 1975)

Before RIVES, WISDOM and COLEMAN, Circuit Judges. RIVES, Circuit Judge:

A few corrections and changes are made in our opinion on original hearing which is now reported in 515 F.2d at 1218.(1) We limit the following factual statements made at page 1221:

“Here, Martindale was in a better position than was Sears to warn Gray of the danger posed by unbanded lumber. Indeed, Martindale’s employees would be the only persons, other than Gray, who would know for sure that the lumber was unbanded.”

The parties do not take us to task…