McMASTER v. AMOCO FOAM PRODUCTS CO.

No. Civ 89-4065.

735 F.Supp. 941 (1990)

Dawn McMASTER, Plaintiff, v. AMOCO FOAM PRODUCTS COMPANY, Defendant.

United States District Court, D. South Dakota, S.D.

May 1, 1990.


Attorney(s) appearing for the Case

James L. Hoy, Sioux Falls, S.D., for plaintiff.

Michael L. Luce and Susan Jansa Brunick, Sioux Falls, S.D., for defendant.


MEMORANDUM OPINION AND ORDER

JOHN B. JONES, District Judge.

This case is before the Court on defendant Amoco Foam's motion for summary judgment. The issues presented are ones of first impression in South Dakota:

I. When an employee of a temporary employment agency has been assigned to a temporary or special employer, is that special employer considered her employer under the exclusivity provision of South Dakota's Workmen's Compensation statute?...

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