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TYNER v. FORT HOWARD PAPER CO.

No. 81-1424.

708 F.2d 517 (1983)

Darlena Kaye TYNER, an individual, and Shelly Renee Tyner, a minor, by and through her natural Mother and Next Friend, Darlena Kaye Tyner, and Darlena Kaye Tyner, as Administratrix of the Estate of Dale Edward Tyner, Plaintiffs-Appellants, v. FORT HOWARD PAPER COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 25, 1983.

Attorney(s) appearing for the Case

Robert K. McCune of Stipe, Gossett, Stipe, Harper & Estes, Oklahoma City, Okl., for plaintiffs-appellants.

James G. Wilcoxen, Muskogee, Okl. (Andrew Wilcoxen of Wilcoxen & Cate, Muskogee, Okl., on the brief), for defendant-appellee.

Before McWILLIAMS, DOYLE and SEYMOUR, Circuit Judges.

McWILLIAMS, Circuit Judge.

This is an appeal from a district court judgment dismissing a wrongful death action. We hold that the district court did not err by dismissing the action and accordingly affirm.

I. Background

The decedent, Dale Edward Tyner, was an employee of Daniel's Construction Company. On June 22, 1978, he was sent by his supervisor to work on an electrical crane at Fort Howard Paper Company's plant in Muskogee, Oklahoma. Upon arriving...

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