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ARAGON v. CLOVER CLUB FOODS CO.

Case No. 920106-CA.

857 P.2d 250 (1993)

James M. ARAGON, Plaintiff and Appellant, v. CLOVER CLUB FOODS COMPANY, a Utah corporation; Borden, Inc., a New Jersey corporation; Casa Herrera, Inc., a California corporation; and John Does I through X, inclusive, Defendants and Appellees.

Court of Appeals of Utah.

July 9, 1993.

Attorney(s) appearing for the Case

Douglas M. Durbano and Paul H. Johnson (argued), Durbano & Associates, Ogden, for appellant.

Allan T. Brinkerhoff and Steven J. Aeschbacher (argued), Ray, Quinney & Nebeker, Salt Lake City, for appellees Clover Club Foods and Borden, Inc.

Jay E. Jensen and M. Douglas Bayly (argued), Christenson, Jensen & Powell, P.C., Salt Lake City, for appellee Casa Herrera, Inc.

Before BENCH, BILLINGS and ORME, JJ.

BENCH, Judge:

Plaintiff, James M. Aragon, appeals two summary judgments that resulted in the dismissal of his claims arising out of an industrial accident. We affirm the summary judgment in favor of Borden. We vacate the summary judgment in favor of Casa Herrera and remand for additional proceedings.

BACKGROUND

On December 16, 1985, Aragon was injured by a dough mixing machine while working for Clover Club Foods, a wholly-owned subsidiary of Borden...

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