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MILLER v. FMC CORPORATION

No. 10595.

471 P.2d 550 (1970)

93 Idaho 695

Wilbur Lewis MILLER, Plaintiff-Appellant, v. FMC CORPORATION, a Corporation and Ruben L. Cooper and Gerald D. Cooper, doing business under the firm name and style of Cooper Brothers Construction Company, Defendants-Respondents.

Supreme Court of Idaho.

June 25, 1970.

Attorney(s) appearing for the Case

B.A. McDevitt, Warren S. Derbidge, Pocatello, for appellant.

Eberle & Berlin, Boise, for FMC Corporation.

Baum & Peterson, Pocatello, for Ruben L. Cooper and Gerald D. Cooper.

McQUADE, Justice.

This negligence action was commenced in the district court in January, 1969, by plaintiff-appellant Wilbur Lewis Miller against defendants-respondents FMC Corporation and Ruben L. Cooper and Gerald D. Cooper, doing business as Cooper Brothers Construction Company. The respondents moved separately for summary judgment in the following May. The district court, in July, 1969, granted both of their summary judgment...

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