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SHUTE v. MOON LAKE ELEC. ASS'N, INC.

No. 86-2668.

899 F.2d 999 (1990)

Chris William SHUTE; Mid-Valley Helicopters, Inc., an Oregon corporation, Plaintiff/Appellee, v. MOON LAKE ELECTRIC ASSOCIATION, INC., a Utah corporation, Defendant/Third-Party-Plaintiff, and MOUNTAIN STATES TELEPHONE & TELEGRAPH, d/b/a Mountain Bell, a Colorado corporation, Defendant/Third-Party-Plaintiff/Appellant, v. UNITED STATES of America, Third-Party-Defendant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied April 30, 1990.

Attorney(s) appearing for the Case

Floyd A. Jensen of Mountain States Tel. and Tel. Co., Salt Lake City, Utah, for defendant-appellant.

H. James Clegg of Snow, Christensen & Martineau, Salt Lake City, Utah (David G. Williams of Snow, Christensen & Martineau, Salt Lake City, Utah, and Craig S. Cook, Salt Lake City, Utah, with him on the brief), for plaintiffs-appellees.

Before McKAY, McWILLIAMS and BRORBY, Circuit Judges.

McKAY, Circuit Judge.

This diversity case comes to us on appeal from a jury verdict and judgment in favor of plaintiffs, Chris William Shute and Mid-Valley Helicopters, Inc., and against defendant Mountain States Telephone and Telegraph Company as a result of an accident in which plaintiffs' helicopter collided with power lines adjacent to Mountain States' telephone wires.

I. Facts

In June 1982, Mid-Valley leased a helicopter to the National Forest...

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