EBEL, Circuit Judge.
Kenneth P. Hardman ("Hardman") and his wife Michelle Hardman sued Shea-Kiewit-Kenny ("SKK") in tort for injuries incurred by Hardman while working at Mountain States Steel ("MSS") on a project for SKK. The district court granted summary judgment to SKK on the ground that SKK was a special employer under the loaned-employee doctrine, and hence was immune from suit under the Utah
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