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OESTMAN v. NATIONAL FARMERS UNION INS. CO.

No. 90-1300.

958 F.2d 303 (1992)

Elmer E. OESTMAN, Jr., Plaintiff-Appellant, v. NATIONAL FARMERS UNION INSURANCE CO., a corporation, National Farmers Union Property and Casualty Co., a corporation, National Farmers Union Standard Insurance Co., a corporation, National Farmers Union Life Insurance Co., a corporation, Farmers Union Mutual Insurance Co., a corporation, Farmers Union Mutual Insurance Company of Denver, Colorado, a corporation, and Farmers Union Service Association, a corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 3, 1992.

Attorney(s) appearing for the Case

John R. Olsen, Olsen and Brown, Boulder, Colo., for plaintiff-appellant.

John M. Husband, Holland & Hart (Peter M. Ludwig, with him, on the brief), Denver, Colo., for defendants-appellees Nat. Farmers Union Property and Cas. Co., Nat. Farmers Union Standard Ins. Co. and Nat. Farmers Union Life Ins. Co.

Karen A. Tomb, Hill & Robbins, P.C. (Robert F. Hill and David R. Fine, with her, on the brief), Denver, Colo., for defendants-appellees Farmers Union Service Ass'n and Farmers Union Mut. Ins. Co.

Before LOGAN and SETH, Circuit Judges, and BRATTON, District Judge.

SETH, Circuit Judge.

Appellant, Elmer Oestman, appeals from the district court's grant of summary judgment in favor of defendants on Mr. Oestman's claim under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (ADEA). The district court concluded that it did not have subject matter jurisdiction over Mr. Oestman's claim because he was an independent contractor and not an employee for the purposes...

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