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WILKERSON v. MONSANTO CO.

No. 1:90-CV-0408.

782 F.Supp. 1187 (1991)

Gary F. WILKERSON, et ux. v. MONSANTO COMPANY.

United States District Court, E.D. Texas, Beaumont Division.

November 6, 1991.

Attorney(s) appearing for the Case

John D. Stone, Stone & Stone, Beaumont, Tex., for plaintiffs.

Tanner T. Hunt, Jr., Wells, Peyton, Beard, Greenberg, Hunt & Crawford, Beaumont, Tex., for defendant.

MEMORANDUM OPINION

COBB, District Judge.

Defendant Monsanto Company ("Monsanto") moves for summary judgment in this Texas Workers' Compensation case. Monsanto contends that it is the statutory employer of the plaintiff, Gary Wilkerson, and is therefore immune from suit under the exclusive remedy provisions of the Texas Workers' Compensation Act. Because a premises owner is not a prime contractor under the relevant provisions of the Texas Workers' Compensation...

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