VICKERY v. RELIABLE ELEC. CO.

No. 81-1763.

703 F.2d 488 (1983)

Chester R. VICKERY, Plaintiff, v. RELIABLE ELECTRIC COMPANY, a corporation, Defendant, Third-party Plaintiff, and Appellant, v. HOWARD P. FOLEY COMPANY, a corporation, Third-party Defendant and Appellee.

United States Court of Appeals, Tenth Circuit.

April 1, 1983.


Attorney(s) appearing for the Case

John D. Parken, Salt Lake City, Utah, for Reliable Elec. Co., B.L. Dart, also of Dart & Stegall, Salt Lake City, Utah, with him on brief.

Bruce H. Jensen, Salt Lake City, Utah (Raymond M. Berry, also of Snow, Christensen & Martineau, Salt Lake City, Utah, with him on brief), for Howard P. Foley Co.

Before McWILLIAMS, DOYLE and LOGAN, Circuit Judges.


LOGAN, Circuit Judge.

The appeal in this diversity case raises the question whether under Wyoming law an employer who has paid worker's compensation benefits to its injured employee can be liable to a third-party tortfeasor on theories of contribution, implied indemnity, or common-law indemnity because of primary negligence on the part of the employer. The trial court determined that Wyoming would not permit recovery on any of those theories and dismissed the third...

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