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STEWART v. CMI CORP.

No. 20737.

740 P.2d 1340 (1987)

Eileen C. STEWART, as personal representative of the Estate of Lewis Junior Stewart, Plaintiff and Appellant, v. CMI CORPORATION and Gibbons & Reed Construction Company, Defendants and Respondents.

Supreme Court of Utah.

August 7, 1987.

Attorney(s) appearing for the Case

Laurie Haynie, Salt Lake City, for plaintiff and appellant.

LeRoy S. Axland, and Lawrence Summerhays, Salt Lake City, for defendants and respondents.

PER CURIAM:

Plaintiff's decedent, Lewis Junior Stewart, was killed while in the course of his employment when he was pulled into a large screw-auger. The auger was attached to a fine grader manufactured by defendant CMI Corporation. Stewart was using a portable vibrator to move cement through the auger. Plaintiff alleges that the auger system, as well as the platform on which Stewart stood to accomplish this job, was designed...

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