Erma Joyce ARRINGTON, Special Administratrix of the Estate of Michael R. Shafer, Deceased, Johneta Contreras, Special Administratrix of the estate of Bennie Paul Contreras, Deceased, Esequiel Sanchez, Jesus Manuel Nieto Garcia, a/k/a Gabriel Vega, Franklin Stecher, Administrator of the Estate of Marcos Antonio Melendez Pando, Deceased, and Leticia Almanza Saenz De Melendez, Widow of Marcos Antonio Melendez Pando, personally and as next friend of Marcos Antonio Melendez Almanza, a minor, Mae Redus, Special Administratrix of the Estate of Russell Lee Warren, Deceased, Leona Noble, Individually and as Administratrix of the Estate of Carl A. Noble, Deceased, Debra Neioma Shafer, Individually, and Jewell Weeks, as Administratrix of the Estate of Michael Ray Shafer, Deceased, Plaintiffs-Appellants,
v.
MICHIGAN-WISCONSIN PIPE-LINE COMPANY, a Delaware Corporation, Defendant-Appellee,
Ford, Bacon & Davis Construction Corporation, a New York corporation; and Grove Valve and Regulator Company, a California corporation, Defendants.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
Argued January 22, 1980.
Decided October 24, 1980.
Attorney(s) appearing for the Case
Don Manners, Oklahoma City, Okl. (W. R. Cathcart, of Manners, Cathcart & Lawter, Oklahoma City, Okl., on brief), for plaintiffs-appellants Erma Joyce Arrington, Special Administratrix of the Estate of Michael R. Shafer, Deceased, Johneta A. Contreras, Special Administrator of the Estate of Bennie Paul Contreras, Deceased, Esequiel Sanchez, and Mae Redus, Special Administratrix of the Estate of Russell Lee Warren, Deceased.
Ed Parks III, of Boyd & Parks, Tulsa, Okl., for plaintiffs-appellants Jesus Manuel Nieto Garcia, a/k/a Gabriel Vega, Franklin Stecher, as Administrator of the Estate of Marcos Antonio Melendez Pando, Deceased, and Leticia Almanza Saenz De Melendez, Widow of Marcos Antonio Melendez Pando, personally and as next friend of Marcos Antonio Melendez Almanza, a minor.
Robert K. McCune, Oklahoma City, Okl. (Gene Stipe, of Stipe, Gossett, Stipe, Harper & Estes, Oklahoma City, Okl., with him on brief), for plaintiffs-appellants Leona Noble, Individually and as Administratrix of the Estate of Carl A. Noble, Deceased, Debra Neioma Shafer, and Jewell Weeks, Administratrix of the Estate of Michael Ray Shafer, Deceased.
James W. Shepherd, Oklahoma City, Okl. (William J. Legg, of Andrews Davis Legg Bixler Milsten & Murrah, Inc., Oklahoma City, Okl., with him on briefs), for defendant-appellee Michigan-Wisconsin Pipeline Co.
Before SETH, Chief Judge, and LOGAN and SEYMOUR, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
LOGAN, Circuit Judge.
These are consolidated appeals from dismissals for lack of subject matter jurisdiction of the complaints against Michigan-Wisconsin Pipeline Company brought by workmen injured, and representatives of deceased workmen killed, in an explosion and fire in a pipeline ditch in Oklahoma. Jurisdiction is based upon diversity of citizenship.
The trial court determined that plaintiffs' exclusive remedy was under the Oklahoma Workers' Compensation...
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