BURK v. CITIES SERVICE OIL COMPANY OF DELAWARE

No. 5978.

266 F.2d 433 (1959)

Jack W. BURK, Appellant, v. CITIES SERVICE OIL COMPANY OF DELAWARE, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

April 20, 1959.


Attorney(s) appearing for the Case

Howard C. Triggs and James E. Grigsby, Oklahoma City, Okl., for appellant.

Looney, Watts, Looney & Nichols, and Anna B. Otter, Oklahoma City, Okl., for appellee.

Before MURRAH, LEWIS and BREITENSTEIN, Circuit Judges.


MURRAH, Circuit Judge.

The precise question presented on this appeal is whether, under the Oklahoma Workmen's Compensation Act, Title 85 O.S.1951 § 1 et seq., as amended, an employee of an independent contractor can maintain a common-law negligence action against his principal employer for injuries sustained in the course of his employment.

The question is presented under these pertinent and undisputed facts. The appellant, Burk, sustained an accidental...

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