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RODGERS v. SPARKS

No. 87-599.

421 N.W.2d 785 (1988)

228 Neb. 191

Ronald Dean RODGERS, Appellee, v. Roger SPARKS, Doing Business as Sparks Concrete, and the Hartford Insurance Company, Third-Party Plaintiff, Appellants; Cornhusker Casualty Company, Third-Party Defendant, Appellee.

Supreme Court of Nebraska.

April 8, 1988.

Attorney(s) appearing for the Case

Francis L. Winner of Winner, Nichols, Douglas, Kelly and Arfmann, Scottsbluff, for third-party plaintiff, appellants.

Robert G. Pahlke of Van Steenberg, Brower, Chaloupka, Mullin & Holyoke, P.C., Scottsbluff, for appellee Ronald D. Rodgers.

Walter E. Zink II of Baylor, Evnen, Curtiss, Grimit & Witt, Lincoln, for third-party defendant, appellee Cornhusker Cas. Co.

BOSLAUGH, CAPORALE, and GRANT, JJ., and RIST and CLARK, District Judges.

PER CURIAM.

This is an appeal in a proceeding under the Workers' Compensation Act. The plaintiff, Ronald Dean Rodgers, alleged that he was injured on July 25, 1983, while employed as a laborer by the defendant Roger Sparks, doing business as Sparks Concrete.

According to the plaintiff, he was injured while working at a feedlot, pouring a cement slab and putting up steel pipes. Rodgers testified he was attempting to hold up a steel pipe, which weighed approximately...

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