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SMITH v. ENSLEY

No. 87-217.

752 P.2d 1374 (1988)

Ron SMITH and Sandra Smith, Appellants (Plaintiffs), v. Gordon ENSLEY, Les Tanner, and Neosho Construction Company, Inc., a Wyoming for Profit Corporation, Appellees (Defendants).

Supreme Court of Wyoming.

April 21, 1988.

Attorney(s) appearing for the Case

Philip P. Whynott, Cheyenne, for appellants.

J.N. Murdock of Reeves & Murdock, Casper, for appellees.

Before BROWN, C.J., and THOMAS, CARDINE, URBIGKIT and MACY, JJ.

URBIGKIT, Justice.

This is a worker's injury tort case involving summary judgment granted to the co-employees of the injured employee on alleged culpable negligence, and to the employer on constitutional and statutory-immunity bases. Appellants, employee and his wife, claiming loss of consortium, raise the issues:

"SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED AGAINST THE APPELLANTS BECAUSE THE MATERIAL FACTS CONCERNING...

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