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DIAMOND SURFACE, INC. v. CLEVELAND

Nos. 97-21, 97-52.

963 P.2d 996 (1998)

DIAMOND SURFACE, INC., a Minnesota Corporation; Western Gas Resources, Inc., a Delaware Corporation; and the State of Wyoming, Petitioners, v. Lawrence CLEVELAND, Jr. and Albert N. Cleveland, Co-Personal Representatives of the Estate of Lawrence Cleveland, Sr., Deceased; Wanda J. Hopkins, Personal Representative of the Estate of David William Hopkins, Deceased; and Tanya Michelle Kenyon, Individually and as Personal Representative of the Estate of John Allan Kenyon, Deceased, Respondents. DIAMOND SURFACE, INC., a Minnesota Corporation, Appellant (Petitioner/Defendant), v. BRASEL & SIMS CONSTRUCTION COMPANY, a Wyoming Corporation, Appellee (Respondent/Third-Party Defendant).

Supreme Court of Wyoming.

August 17, 1998.

Attorney(s) appearing for the Case

Gregory C. Dyekman and Brandin Hay of Dray, Thomson & Dyekman, P.C., Cheyenne, and William U. Hill, Attorney General, Cheyenne, for Petitioner, State of Wyoming:

Richard H. Honaker and Michael D. Newman of Honaker, Hampton & Newman, Rock Springs, for Respondents.

Paul K. Knight and Sara E. VanGenderen of Mullikin, Larson & Swift, LLC, Jackson, for Appellant Diamond Surface, Inc.

Robert G. Berger and James L. Salmon of Lonabaugh and Riggs, Sheridan, for Appellee Brasel & Sims Construction Company.

Before LEHMAN, C.J., and THOMAS, MACY, GOLDEN and TAYLOR, JJ.

TAYLOR, Justice.

This opinion addresses two consolidated appeals arising from lawsuits brought by, or on behalf of, a subcontractor's employees who were killed or injured in a pipeline explosion while working on a road construction project in May 1994. The lawsuits named as defendants the general contractor, Diamond Surface, Inc.; the pipeline owner, Western Gas Resources, Inc.; and the State of Wyoming. The State moved to dismiss the complaints against it, claiming...

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