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EK v. HERRINGTON

No. 90-35461.

939 F.2d 839 (1991)

Dennis G. EK; Cheryl A. Ek; Dennis C. Ek, Plaintiffs-Appellants, v. Stanley Dean HERRINGTON, Defendant, and David Hill; Dick Woodbury, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 29, 1991.

Attorney(s) appearing for the Case

John Mitchell, Coeur d'Alene, Idaho, for plaintiffs-appellants.

Randall R. Adams, Quane, Smith, Howard & Hull, Coeur d'Alene, Idaho, for defendant-appellee.

Before WIGGINS, BRUNETTI and NELSON, Circuit Judges.

WIGGINS, Circuit Judge:

The heirs of Marjorie A. Ek appeal the district court's entry of summary judgment against them in their wrongful death action against the alleged tortfeasor's employer. 738 F.Supp. 357. The alleged tortfeasor was an independent contractor. The district court had diversity jurisdiction, 28 U.S.C. § 1332, and the timely appeal is taken from a final order, 28 U.S.C. § 1291. Idaho law controls. We...

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