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RAY v. MONSANTO COMPANY

No. 26737.

473 F.2d 219 (1973)

Robert RAY, Plaintiff-Appellant, v. MONSANTO COMPANY, a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

January 12, 1973.

Attorney(s) appearing for the Case

Raymond M. Whittier (argued), Whittier & McDougall, Pocatello, Idaho, for plaintiff-appellant.

Kenneth E. Lyon, Jr. (argued), Ben Peterson, of Baum & Peterson, Pocatello, Idaho, for defendant-appellee.

Before HAMLEY, HUFSTEDLER and TRASK, Circuit Judges.

PER CURIAM:

In this diversity action arising in Idaho, Robert Ray seeks damages from Monsanto Company (Monsanto) for personal injuries sustained in a construction accident. Holding that, under the Workmen's Compensation laws of Idaho, Monsanto was the statutory employer of Ray, and therefore immune from such a tort action, the district court granted summary judgment for Monsanto.

Ray appealed and we reversed on the...

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