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FRALEY v. WORTHINGTON

No. C74-68.

385 F.Supp. 605 (1974)

John Carl FRALEY, Plaintiff, v. Don WORTHINGTON, Defendant.

United States District Court, D. Wyoming.

November 27, 1974.

Attorney(s) appearing for the Case

J. F. Mahoney, Casper, Wyo., for plaintiff.

Richard E. Day and Frank D. Neville of Wehrli & Williams, Casper, Wyo., for defendant.

MEMORANDUM OPINION

KERR, District Judge.

The question for decision in this matter is whether the defendant as a tool pusher, i. e., general foreman for the employer, owed the plaintiff a duty to provide a safe place to work and whether, by his negligence, if any, the defendant breached that duty? Defendant has filed a motion for summary judgment supported by affidavits asserting that no genuine issue as to any material fact exists. Plaintiff has filed counter...

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