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DAVIS v. HOOSIER ENERGY RURAL ELEC. CO-OP, INC.

Nos. 93-1250, 93-1354.

19 F.3d 365 (1994)

Wayne DAVIS, Plaintiff-Appellant, v. HOOSIER ENERGY RURAL ELECTRIC COOPERATIVE, INC., Defendant-Appellee, Third Party Plaintiff-Cross Appellant, v. EFFINGHAM SEWER SERVICE, INC., Third Party Defendant-Cross Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 22, 1994.

Attorney(s) appearing for the Case

Stephen L. Williams, Max Goodwin (argued), Mann, Chaney, Johnson, Goodwin & Williams, Terre Haute, IN, for plaintiff-appellant, Wayne Davis in No. 93-1250.

Max Goodwin (argued), Mann, Chaney, Johnson, Goodwin & Williams, Terre Haute, IN, Michael D. Ryan, Ryan, Bennett & Radloff, Mattoon, IL, for Wayne Davis in No. 93-1354.

Curt J. Angermeier (argued), Evansville, IN, for Hoosier Energy Rural Elec. Co-op, Inc.

Jordan D. Lewis (argued), Lewis & Lewis, Terre Haute, IN, for Effingham Sewer Service, Inc.

Before CUMMINGS and ROVNER, Circuit Judges, and GRANT, District Judge.

GRANT, District Judge.

Plaintiff Wayne Davis is employed by Effingham Sewer Service, Inc. ("Effingham"), an independent contractor which performs cleaning services for Hoosier Energy Rural Electric Cooperative, Inc. ("Hoosier Energy") pursuant to a service contract dated January 3, 1989. On October 10, 1989, Davis fell from a ladder while working at Hoosier Energy's Merom, Indiana power plant and sustained personal injury. He subsequently filed suit in federal district...

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