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LOVELETTE v. BRAUN

Civ. No. 4229.

293 F.Supp. 41 (1968)

Floyd E. LOVELETTE and Alice Lovelette, Plaintiffs, v. Herman J. BRAUN and Morrison-Knudsen Company and Associates, Defendants.

United States District Court D. North Dakota, Northeastern Division.

November 22, 1968.

Attorney(s) appearing for the Case

Frank J. Kosanda, H. G. Ruemmele, R. Lee Hamilton, Grand Forks, N. D., and J. Russell Carroll, of Carroll & Perbix, Hopkins, Minn., for plaintiffs.

James R. Jungroth, of MacKenzie & Jungroth, Jamestown, N. D., for defendant Herman J. Braun.

Lowell A. O'Grady, of O'Grady, Edwards & Galloway, Grand Forks, N.D., for defendant Morrison-Knudsen Co. and Associates.

MEMORANDUM AND ORDER

RONALD N. DAVIES, District Judge.

As indicated in the Court's Memorandum and Order heretofore filed herein, the controlling issue is whether the plaintiff Floyd E. Lovelette and the defendant Herman J. Braun were co-employees of the defendant Morrison-Knudsen Company and Associates within the meaning of the North Dakota Workmen's Compensation Act, Chapter 65-01, N.D.C.C., at the time the accident...

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