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LEININGER v. STEARNS-ROGER MANUFACTURING COMPANY

No. 10193.

17 Utah 2d 37 (1965)

404 P.2d 33

ARCHIE LEININGER, PLAINTIFF AND APPELLANT, v. STEARNS-ROGER MANUFACTURING COMPANY, A CORPORATION, XYZ COMPANY, A CORPORATION, X, Y AND Z, A CO-PARTNERSHIP, DOES I THROUGH V, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

July 12, 1965.

Attorney(s) appearing for the Case

Draper, Sandack & Saperstein, Salt Lake City, for plaintiff and appellant.

Elton & Moore, Salt Lake City, for defendants and respondents.

RUGGERI, District Judge:

The plaintiff, Archie Leininger, while an employee of Texas Zinc Minerals Corporation, was injured in the course of his employment by the explosion of an exhaust fan that he was dismantling, and he instituted suit for damages against the defendant, Stearns-Roger Manufacturing Company, an independent contractor which had supplied the fan almost four years prior thereto. The trial court granted the defendant's motion for summary judgment and...

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