Louise J. O'leary, James Michael O'leary, Robert Louis O'leary, and Richard Douglas O'leary, Minors, by Their Guardian Ad Litem, Louise J. O'Leary v. James & Wunderlich, Guy H. James Construction Company and Wunderlich Contracting Company, Louise J. O'leary, of the Estate of Michael D. O'leary, Deceased v. James & Wunderlich

288 F.2d 462 Louise J. O'LEARY, James Michael O'Leary, Robert Louis O'Leary, and Richard Douglas O'Leary, Minors, by their Guardian ad Litem, Louise J. O'Leary, Appellant, v. JAMES & WUNDERLICH, Guy H. James Construction Company and Wunderlich Contracting Company, Appellees. Louise J. O'LEARY, Executrix of the Estate of Michael D. O'Leary, deceased, Appellant, v. JAMES & WUNDERLICH et al., Appellees. No. 16904. United States Court of Appeals Ninth Circuit. Feb. 24, 1961. Franklin S. Longan, Calvin A. Calton, Franklin A. Lamb, Billings, Mont., for appellant. Orin R. Cure, Hoffman & Cure, Great Falls, Mont., for appellees. Before HAMLEY, HAMLIN and MERRILL, Circuit Judges. PER CURIAM. 1 In these two actions, consolidated for trial and appeal, damages were sought for the illness and death of Michael D. O'Leary, alleged to have resulted from the inhalation and absorption of noxious fumes. The fumes were inhaled and absorbed, it was alleged, while O'Leary was spray-painting the radial gates on the spillway section of Tiber Dam near Chester, Montana. The painting was being done in connection with the construction of the dam for the United States Bureau of Reclamation. 2 The…