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RAY v. MONSANTO COMPANY

No. 23107.

420 F.2d 915 (1970)

Robert RAY, Appellant, v. MONSANTO COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied February 5, 1970.

Attorney(s) appearing for the Case

R. Max Whittier, of Whittier, McDougall & Dwyer, Pocatello, Idaho, for appellant.

Ben Peterson, of Baun & Peterson, Pocatello, Idaho, for appellee.

Before HAMLEY and BROWNING, Circuit Judges, and REAL, District Judge

HAMLEY, Circuit Judge:

In this diversity suit arising in Idaho, Robert Ray sought damages from Monsanto Company for personal injuries sustained in a construction accident. Monsanto moved for a summary judgment on the ground that, as a statutory employer of Ray under the Workmen's Compensation laws of Idaho (Act), it was immune from such a tort action. The district court granted summary judgment for Monsanto, and Ray appeals...

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