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BLACK v. CABOT PETROLEUM CORP.

No. 87-1102.

877 F.2d 822 (1989)

Mabelle R. BLACK, widow and surviving spouse and personal representative of the Estate of Glen L. Black, deceased, and next friend of LeRoy Black, a minor, and on behalf of Mary Black Dowell and Nora Black Dowell, surviving adult children of Glen L. Black, deceased, Plaintiffs-Appellants, v. CABOT PETROLEUM CORPORATION, a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 12, 1989.

Attorney(s) appearing for the Case

Gordon H. Rowe III, Oklahoma City, Okl. (Gordon H. Rowe, Jr., Monte Vista, Colo. and Bruce W. Pitzer of John W. Norman, Incorporated and Associates, Oklahoma City, Okl., with him on the brief), for plaintiffs-appellants.

Michael C. Felty (William G. Smith with him, on the brief), of Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, Okl., for defendant-appellee.

Before TACHA, BARRETT and EBEL, Circuit Judges.

EBEL, Circuit Judge.

This diversity case concerns the application of Colorado's workers' compensation statute. The principal issue is whether a general contractor whose subcontractor carries adequate workers' compensation insurance is immune from suit by the subcontractor's injured employee.

The facts necessary for resolving this appeal are not in dispute. Plaintiffs are the spouse and children of Glen L. Black ("Black"), a welder killed in an oil field accident...

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