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THOMPSON v. THE BUDD CO.

Nos. 99-5518, 99-5585, 99-5613.

199 F.3d 799 (1999)

Anthony THOMPSON (98-5518); Liberty Mutual Insurance Company (98-5585), Plaintiffs-Appellants/Cross-Appellees, v. THE BUDD COMPANY (98-5613), Defendant-Appellee/Cross-Appellant, Barton-Malow Company, Inc.; Albert Kahn Associates, Inc., Defendants-Appellees, Merrick Mechanical, Inc., Third Party Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 9, 1999.

Rehearing Denied December 22, 1999.

Attorney(s) appearing for the Case

Hope F. Brooks (argued and briefed), Michael R. Hance (briefed), Franklin & Hance, Louisville, Kentucky, for Plaintiffs-Appellants/Cross-appellees.

Robert Y. Gwin (argued and briefed), Charles E. Allen III (briefed), David Michael Andrew (briefed), Brown, Todd & Heyburn, Louisville, Kentucky, for Defendant-Appellee/Cross-Appellant.

Lee E. Sitlinger, Sitlinger, McGlincy, Steiner, Theiler & Karem, Louisville, Kentucky, for Defendant-Appellee Barton-Malow Company in Nos 98-5518, 98-5585.

Michael R. Hance, Hope F. Brooks (briefed), Franklin & Hance, Louisville, KY, for Defendant-Appellee Barton-Malow Co., Inc., Albert Kahn Associates, Inc., in No. 98-5613.

Mark A. Osbourn, Schiller, Osbourn & Barnes, Louisville, Kentucky, for Defendant-Appellee Albert Kahn Associates, Inc.

Barbara A. Kriz (argued and briefed), Gallion, Baker & Bray, Lexington, KY, for Third Party Defendant-Appellee Merrick Mechanical Inc.

Before: MERRITT and CLAY, Circuit Judges; WISEMAN, District Judge.

OPINION

WISEMAN, District Judge.

Anthony Thompson ("Thompson"), a Merrick Mechanical, Inc. ("Merrick") employee, sustained serious injuries while working at The Budd Company's ("Budd") Shelbyville, Kentucky manufacturing plant. Thompson sued Budd alleging common law tort claims. The district court entered summary judgment for Budd, finding that Budd qualified as a "contractor" under Kentucky Workers' Compensation law and that Budd was immune from liability...

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