EMPLOYERS MUT. CAS. CO. v. MINER

No. 98-1022-JTM.

6 F.Supp.2d 1232 (1998)

EMPLOYERS MUTUAL CASUALTY COMPANY, Plaintiff, v. Angelika MINER, Individually and as Guardian and Next Friend of the Minor Children of Brian Miner, Breck Miner and Dalton Miner, Defendants.

United States District Court, D. Kansas.

May 6, 1998.


Attorney(s) appearing for the Case

Lawrence G. Michel, Kennedy, Berkley, Yarnevich & Williamson, Chtd., Salina, KS, Jill M. Augustine, Des Moines, IA, for Plaintiff.

Clarence L. King, Jr., Tish S. Morrical of Hampton, Royce, Engleman & Nelson, Salina, KS, Frances G. Townsdin, Townsdin & Associates, Phillipsburg, KS, for Defendants.


MEMORANDUM ORDER

MARTEN, District Judge.

Employers Mutual Insurance Company (Employers) sued Angelika Miner (Angelika), individually and as guardian for the minor children of Brian Wayne Miner (Brian), deceased. Brian worked for the City of Phillipsburg when he was killed while using a product called Ram-Out to clean a City sewage pump station. Employers was the City's workers compensation carrier. Pursuant to 28 U.S.C. § 2201 and Fed.R.Civ.P...

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