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SMITH v. ATLANTIC RICHFIELD CO.

No. 85-2072.

814 F.2d 1481 (1987)

Gary SMITH, Plaintiff-Appellant, v. ATLANTIC RICHFIELD COMPANY, a Pennsylvania Corporation; and Anaconda Minerals Corporation, a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 25, 1987.

Attorney(s) appearing for the Case

W. Brent Wilcox (Edward B. Havas and Christopher M. Mislow, with him, on brief), of Giauque & Williams, Salt Lake City, Utah, for plaintiff-appellant.

Ray R. Christensen of Christensen, Jensen & Powell, Salt Lake City, Utah, for defendants-appellees.

Before BARRETT, SETH and LOGAN, Circuit Judges.

BARRETT, Circuit Judge.

Gary Smith appeals from the judgment entered in favor of Atlantic Richfield Company (ARCO), pursuant to a jury verdict in this personal injury case. Smith, a coal miner employed in the Beaver Creek No. 2 mine, was severely injured by a piece of rock that fell from the roof of the mine while he was on duty in May, 1982.

At all times relevant to this case, the Beaver Creek Coal Company (Beaver Creek) was a wholly-owned subsidiary of ARCO...

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