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SULLIVAN v. SCOULAR GRAIN CO. OF UTAH

No. 90-4012.

930 F.2d 798 (1991)

Kenneth Ray SULLIVAN, Plaintiff-Appellant, v. SCOULAR GRAIN COMPANY OF UTAH, the Scoular Company, James F. Hannan, Robert O'Block, and Gordon Olch, doing business as Freeport Center Associates, Defendants-Appellees, and Union Pacific Railroad Company, a Utah corporation; Trackmobile, Inc., formerly known as Whiting Corp., a Georgia corporation; Denver & Rio Grande Western Railroad Company, a Delaware corporation; Oregon Short Line Railroad Company, a Utah corporation; Utah Power & Light Company, a Utah corporation; and G. W. Van Keppel Company, a Missouri corporation, Defendants.

United States Court of Appeals, Tenth Circuit.

April 12, 1991.

Attorney(s) appearing for the Case

L. Rich Humpherys (M. Douglas Bayly, with him on the briefs), of Christensen, Jensen & Powell, P.C., Salt Lake City, Utah, for plaintiff-appellant.

Terry M. Plant (Scott F. Squire, with him on the brief), of Hanson, Epperson & Smith, P.C., Salt Lake City, Utah, for defendants-appellees Scoular Grain Co. of Utah, The Scoular Co. and Scoular Grain Co.

John M. Chipman (Linda L.W. Roth and John L. Black, Jr., with him on the brief), of Hanson, Nelson, Chipman & Quigley, Salt Lake City, Utah, for defendants-appellees Robert O'Block and Gordon Olch dba Freeport Center Associates.

Before LOGAN, SETH, and TACHA, Circuit Judges.

TACHA, Circuit Judge.

Plaintiff-appellant Kenneth Sullivan appeals a district court order granting summary judgment in favor of defendants-appellees Scoular Grain Company (Scoular), Scoular Grain Company of Utah (Scoular Grain Venture), and Freeport Center Associates (Freeport). On appeal, Sullivan argues the district court erred by finding that no issue of fact remains regarding whether the defendants are common carriers by railroad under the Federal Employer's Liability...

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