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COE v. HELMERICH & PAYNE, INC.

No. 7547.

348 F.2d 1 (1965)

Harry L. COE, Appellant, v. HELMERICH & PAYNE, INC., Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied August 27, 1965.

Attorney(s) appearing for the Case

Joseph P. Jenkins, Kansas City, Kan., (Joseph Cohen, Charles S. Schnider and John E. Shamberg, Kansas City, Kan., were with him on the brief), for appellant.

J. Donald Lysaught, Kansas City, Kan. (Lee E. Weeks, Leonard O. Thomas, Richard Millsap, Robert H. Bingham and Ervin G. Johnston, Kansas City, Kan., were with him on the brief), for appellee.

Before PHILLIPS, LEWIS and BREITENSTEIN, Circuit Judges.

LEWIS, Circuit Judge.

Appellant-plaintiff was injured in an explosion of an oil storage tank and sought recovery of resultant damages in a common law action of negligence filed in the District of Kansas, naming appellee as defendant. Holding that plaintiff's exclusive remedy was limited to that provided by the Kansas Workmen's Compensation Act, Kan.Gen.Stat., section 44-501 et seq., the trial court granted defendant's motion for summary judgment. Upon appeal the pivotal...

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