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MILLS v. REYNOLDS

Nos. 89-193, 89-195.

837 P.2d 48 (1992)

Timothy L. MILLS, Appellant (Plaintiff), v. Guy REYNOLDS and Sid Marks, Appellees (Defendants). Levi Harry BUNKER, Appellant (Plaintiff), v. Jim NIGGEMYER, Appellee (Defendant).

Supreme Court of Wyoming.

July 20, 1992.

Attorney(s) appearing for the Case

Gary L. Shockey and Philip White of Spence, Moriarity & Schuster, Jackson, and Robert R. Rose, Jr., and Robert R. Rose, III of Spence, Moriarity & Schuster, Cheyenne, for appellants.

William S. Bon and Patrick T. Holscher of Schwartz, Bon, McCrary & Walker, Casper, for appellees Reynolds and Marks.

Patrick J. Murphy of Williams, Porter, Day & Neville, P.C., Casper, and John T. Pappas of Western Law Associates, P.C., Lander, for appellee Niggemyer.

Rodger McDaniel of McDaniel and Tiedeken Law Offices, Cheyenne, for amicus curiae Wyoming AFL-CIO.

Robert W. Tiedeken, and George Santini of Graves, Santini & Villemez, P.C., Cheyenne, for amicus curiae Wyoming Trial Lawyers Ass'n.

Joseph B. Meyer, Atty. Gen., Ron Arnold, Sr. Asst. Atty. Gen., and Larry M. Donovan, Asst. Atty. Gen., for amicus curiae State of Wyoming.

Patrick R. Day of Holland & Hart, Cheyenne, for amici curiae Rocky Mountain Oil and Gas Ass'n, Wyoming Min. Ass'n, Wyoming Trucking Ass'n, Inc., and Associated General Contractors of Wyoming, Inc.

Before MACY, C.J., and THOMAS, CARDINE, URBIGKIT and GOLDEN, JJ.

MACY, Chief Justice.

In the rehearing granted in this case, Appellants Timothy L. Mills and Levi Harry Bunker ask this Court to declare that Wyo.Stat. § 27-14-104(a) (1987) was unconstitutional. We hold that the statute, which, under the Wyoming worker's compensation scheme, granted immunity from suits by co-employees to employees who were acting within the scope of their employment, was unconstitutional because it violated the Wyoming Constitution's guarantee...

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