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KANE v. J.R. SIMPLOT CO.

No. 94-4150.

60 F.3d 688 (1995)

Robert J. KANE, Jr., and Beverly Kane, Plaintiffs-Appellants, v. J.R. SIMPLOT COMPANY, a Nevada Corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 13, 1995.

Attorney(s) appearing for the Case

Peter C. Collins (John W. Holt with him on the brief), of Winder & Haslam, P.C., Salt Lake City, UT, for plaintiffs-appellants.

Robert D. Lewis (David W. Cantrill with him on the brief), of Cantrill, Skinner, Sullivan & King, Boise, ID, for defendant-appellee, J.R. Simplot Co.

Before ANDERSON, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and BROWN, Senior District Judge.

WESLEY E. BROWN, Senior District Judge.

The plaintiff-appellant, Robert J. Kane, Jr., was injured in a fall from a scaffolding platform on July 5, 1991, in Burley, Idaho. At the time of the incident, he was painting a grain silo owned by the defendant-appellee, J.R. Simplot Company, hereafter referred to as "Simplot."

The case comes before us following the trial court's grant of summary judgment in favor of the defendant.

The basic relevant facts do...

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