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JOHNSON v. KERR-McGEE OIL INDUSTRIES, INC.

No. 2 CA-CIV 3740.

129 Ariz. 393 (1981)

631 P.2d 548

Irene H. JOHNSON, as surviving spouse of Chester Johnson, deceased, Plaintiff/Appellant, v. KERR-McGEE OIL INDUSTRIES, INC., a foreign corporation, Defendant/Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 15, 1981.

Review Denied June 16, 1981.

Attorney(s) appearing for the Case

Miller, Pitt & Feldman, P.C. by Stanley G. Feldman, Janice A. Wezelman and John L. Tully, Tuscon, for plaintiff/appellant.

Everett, Bury & Moeller, P.C. by David Bury, Tucson, Linn, Helms, Kirk & Burkett by James P. Linn, B.J. Rothbaum, Jr., and Raymond E. Tompkins, Oklahoma City, Okl., for defendant/appellee.

Stewart L. Udall, Phoenix, Mahoney & Rood by William P. Mahoney, Jr., Phoenix, Frank J. Barry, Tucson, for amici curiae Esther Lee Begay et alia.

The State of Arizona by Calvin Harris, Phoenix, for amicus curiae The Indus. Commission of Ariz.

OPINION

HOWARD, Judge.

Does the immunity from actions at common law or by statute granted to an employer under A.R.S. Sec. 23-906 of our Workmen's Compensation Act apply to a wrongful death action based on the death of an Indian which occurred on the Navajo reservation while the Indian was employed by a private contractor engaged in mining uranium? We find that it does and affirm.

Appellant filed a five-count action against appellee Kerr-McGee. All...

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