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MERRYMAN v. IOWA BEEF PROCESSORS, INC.

No. 91-3163.

978 F.2d 443 (1992)

Charles R. MERRYMAN, II, individually; Christopher Lee Merryman, A Minor By His Parent and Next Friend, Charles R. Merryman, II; Barbara Merryman, Plaintiffs, v. IOWA BEEF PROCESSORS, INC., a corporation, doing business as IBP, Inc., Defendant. IOWA BEEF PROCESSORS, INC., a corporation doing business as IBP, Inc., Third Party-Plaintiff-Appellant, v. CONCO-TELLUS, INC., Third Party-Defendant, Allstate Industrial Contractors, Inc., Third Party-Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 30, 1992.

Attorney(s) appearing for the Case

Janet J. Brown, Sioux City, Iowa, argued (William K. Stoos, on the brief), for appellant.

Michael Kinney, Omaha, Neb., argued (Leif D. Erickson, on the brief), for appellee.

Before RICHARD S. ARNOLD, Chief Judge, FRIEDMAN, Senior Circuit Judge, and LOKEN, Circuit Judge.

LOKEN, Circuit Judge.

After recovering worker's compensation benefits, Charles Merryman sued Iowa Beef Processors, Inc., for injuries Merryman sustained while working on a crane retrofit project at IBP's Dakota City, Nebraska, plant. IBP filed a third party complaint against Merryman's employer, Allstate Industrial Contractors, Inc., the mechanical contractor on the project. The district court1 granted summary judgment in favor of Allstate...

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