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PACE v. CUMMINS ENGINE CO., INC.

No. 940343-CA.

905 P.2d 308 (1995)

William PACE, Plaintiff and Appellant, v. CUMMINS ENGINE COMPANY, INC., an Indiana corporation; Cummins Intermountain, Inc., fka Cummins Intermountain Diesel Sales Co.; Savage Fabrication Corp., fka Savage Rite-Way, Inc.; Savage Rite-Way Corp.; Savage Manufacturing Corp.; Lowdermilk Rock Products; and Steve's Diesel Service & Sales, Defendants and Appellees.

Court of Appeals of Utah.

October 19, 1995.

Attorney(s) appearing for the Case

D. David Lambert, Leslie W. Slaugh, and Phillip E. Lowry, Howard, Lewis & Petersen, Provo, for Appellant.

Ford G. Scalley, John E. Hansen, and Wesley D. Hutchins, Scalley & Hansen, Salt Lake City, for Appellee Lowdermilk.

Before DAVIS, Associate P.J., and JACKSON, and WILKINS, JJ.

OPINION

JACKSON, Judge:

William Pace appeals the trial court's grant of summary judgment in favor of Lowdermilk Rock Products (LRP). We affirm.

FACTS

Pace worked as a heavy duty mechanic for Elbert Lowdermilk, Inc. (ELI). ELI and LRP shared some commonality of ownership and directorship. However, neither was a subsidiary of the other. Richard N. Lee was president of both during all relevant times. The two companies often loaned employees...

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