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STEVENS v. COLORADO FUEL & IRON

No. 11808.

469 P.2d 3 (1970)

24 Utah 2d 214

Dora H. STEVENS, Connie Joy Leigh, Jack Holt Stevens and Alice Dayle Esplin, Plaintiffs and Appellants, v. COLORADO FUEL & IRON, a corporation, for whom United States Steel Corporation has been substituted, and Employers Mutuals of Wausau, a corporation, Defendants and Respondents.

Supreme Court of Utah.

May 7, 1970.

Attorney(s) appearing for the Case

Patrick Fenton, Cedar City, for plaintiffs and appellants.

Calvin A. Behle, George W. Latimer, of Parsons, Behle & Latimer, Salt Lake City, for defendants and respondents.

CALLISTER, Justice.

Plaintiffs, the heirs at law of Albert W. Stevens, initiated this wrongful death action against United States Steel Corporation. Defendant filed a motion to dismiss on the grounds that the plaintiffs failed to state a claim upon which relief could be granted and that under the provisions of Section 35-1-60, U.C.A. 1953, plaintiffs' exclusive remedy was under the Workmen's Compensation Act. The trial court dismissed the complaint, and plaintiffs...

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