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MERRITT-CHAPMAN & SCOTT CORPORATION v. FRAZIER

No. 6857.

92 Ariz. 136 (1962)

375 P.2d 18

MERRITT-CHAPMAN & SCOTT CORPORATION, a corporation, Appellant, v. Bernice M. FRAZIER, Robert C. Frazier, Jr., Linda Joy Frazier, Kent M. Frazier, Cleveland J. Frazier, the Industrial Commission of Arizona, and Jack Cummard, Henry Larson and Alfred Kleindienst, Members of the Industrial Commission of Arizona, Mountain States Construction Company, Earl Cooper and H.E. Donoho, Appellees.

Supreme Court of Arizona, En Banc.

Rehearing Denied November 7, 1962.

Attorney(s) appearing for the Case

Shimmel, Hill, Kleindienst & Bishop, Phoenix, for appellant.

Langerman & Begam, Phoenix, for appellees Frazier, Mountain States Construction Company, Earl Cooper and H.E. Donoho.

Donald J. Morgan and John R. Franks, Phoenix, for The Industrial Commission of Arizona.

JENNINGS, Justice.

This is an appeal from a judgment of dismissal of appellant's suit for a declaratory judgment. The facts are as follows: Robert C. Frazier (hereinafter called decedent) was accidentally killed when struck by falling rock at the site of the Glen Canyon Dam on August 24, 1957. At the time he was employed by Mountain States Construction Company who was engaged in the performance of a contract at the Dam. Appellant (hereinafter called plaintiff) was...

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