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HOLLAND v. WEYHER/LIVSEY CONSTRUCTORS, INC.

No. C86-0029-B.

651 F.Supp. 409 (1987)

Earl Ray HOLLAND, individually and for and on behalf of Jody Lee Holland, a minor, as natural guardian and next friend of Jody Lee Holland, a minor, Plaintiffs, v. WEYHER/LIVSEY CONSTRUCTORS, INC., a Delaware corporation; Joss Enterprises, Inc., a Wyoming corporation; Union Pacific Land Resources Corporation, a Nebraska corporation; Bush & Gudgell, Inc., a Utah corporation; and Tom McGuire, McGuire Construction, Defendants. WEYHER/LIVSEY CONSTRUCTORS, INC., a Delaware corporation, Third Party Plaintiff, v. Dorothy McLEELAN, Third Party Defendant.

United States District Court, D. Wyoming.

January 14, 1987.

Attorney(s) appearing for the Case

Roy A. Jacobson, Jr., Vehar, Beppler, Jacobson, Lavery & Rose, Evanston, Wyo., Marion D. Lamb, Jr., Tallahassee, Fla., for plaintiffs.

Julie Nye Tiedeken, Southeast Wyoming Law Offices, Lawrence G. Orr, Guy, Williams, White & Argeris, Cheyenne, Wyo., D. Thomas Kidd, Casper, Wyo., Thomas R. Karrenberg, William P. Schwartz, Hansen and Anderson, Salt Lake City, Utah, Jack D. Palma, Patrick Day, Holland and Hart, Cheyenne, Wyo., John I. Henley, Vlastos, Brooks and Henley, Casper, Wyo., for defendants.

ORDER ON MOTIONS FOR SUMMARY JUDGMENT

BRIMMER, Chief Judge.

This matter came before the Court on defendants' motions for summary judgment pursuant to Fed.R.Civ.P. 56. The Court, having heard the arguments of counsel, having reviewed the pleadings, and being fully advised in the premises, FINDS and ORDERS as follows:

Plaintiff Jody Holland and a friend decided to play on a hill near their residence. The hill was actually an abandoned pile of coal...

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