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CLARK v. RUST ENGINEERING CO.

595 A.2d 416 (1991)

Kenneth CLARK v. RUST ENGINEERING CO., et al. Kathy DOSTIE v. S.D. WARREN CO.

Supreme Judicial Court of Maine.

Decided July 26, 1991.

Attorney(s) appearing for the Case

Maurice A. Libner (orally), McTeague, Higbee, Libner, MacAdam, Case & Watson, Topsham, for Employees.

John A. Woodcock, Jr., Weatherbee, Woodcock, Burlock & Woodcock, Bangor, for Georgia-Pacific, Cianbro Corp., University of Maine, Champion Intern., and Lincoln Pulp & Paper, amici curiae.

John H. King, Willian O. LaCasse, and Julia A. Finn, Norman, Hanson & Detroy, Portland, for Bath Iron Works, Boise Cascade, C.M.P., and Intern. Paper, amici curiae.

Robert J. Piampiano, Richarson & Troubh, Portland, for United Parcel Service, amicus curiae.

James C. Hunt (orally) and Elizabeth A. Williams, Robinson, Kriger, McCallum & Greene, Portland, for Rust Engineering.

Robert J. Piampiano (orally) and Allan M. Muir, Richardson & Troubh, Portland, for S.D. Warren.

Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, CLIFFORD, COLLINS and BRODY, JJ.

GLASSMAN, Justice.

Rust Engineering Co. (Rust Engineering), employer of Kenneth Clark, and its insurance carrier, Continental Loss Adjusting Services (Continental), and S.D. Warren Co. (S.D. Warren), employer of Kathy Dostie, in these consolidated appeals from judgments of the Workers' Compensation Commission Appellate Division (Appellate Division) reversing decisions of the Commission, challenge the applicability of Ashby v. Rust Engineering Co.,

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