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POOL v. DRAVO COAL CO.

No. 89-167.

788 P.2d 1146 (1990)

Kelly L. POOL and Corrina Pool, husband and wife, Appellants (Plaintiffs), v. DRAVO COAL COMPANY, a Delaware Corporation; and Union Pacific Minerals, Inc., formerly Rocky Mountain Energy Company, a Utah Corporation, Appellees (Defendants).

Supreme Court of Wyoming.

March 15, 1990.

Attorney(s) appearing for the Case

Ford T. Bussart and John D. Rossetti of Greenhalgh, Bussart, West & Rossetti, Rock Springs, and Lisa A. Botham, Green River, for appellants.

Patrick Dixon of Murane & Bostwick, Casper, and Catherine MacPherson of Johnson, MacPherson & Noecker, Rawlins, for appellees.

Stanley K. Hathaway of Hathaway, Speight & Kunz, Cheyenne, and Pamela L. Jacklin and Tracy Pool Reeve of Stoel, Rives, Boley, Jones & Grey, Portland, Or., for amicus curiae Bridger Coal Co.

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

GOLDEN, Justice.

The issue before us is whether a partnership employee who has received worker's compensation benefits for a work-related injury may maintain a tort action against an individual partner which contracted with the partnership employer to manage the partnership's day-to-day operations.1 The resolution of this issue turns on whether a managing individual partner is an employer entitled...

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