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HIDALGO v. FAGEN, INC.

No. 99-1033.

206 F.3d 1013 (2000)

Sabino HIDALGO, Jr., Plaintiff-Appellant, v. FAGEN, INC.; KWS Manufacturing Co., Inc.; David Kaminski; Daryl Gillund, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 20, 2000.

Attorney(s) appearing for the Case

Eduardo M. Madrid (and George G. Johnson, Jr., Peter M. Johnson, and Andrew R. Johnson, Denver, Colorado, with him on the briefs), Diamond Bar, California, for Plaintiff-Appellant.

Diane Vaksdal Smith (and Scott J. Eldredge, with her on the briefs), Burg, Simpson, Eldredge & Hersh, P.C., Englewood, Colorado, for Defendant-Appellee KWS Manufacturing, Inc.

Wendelyn K. Walberg, Walberg, Dagner & Tucker, P.C., Englewood, Colorado, for Defendant-Appellee Fagen, Inc.

Before SEYMOUR, Chief Judge, TACHA, and KELLY, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

Plaintiff-Appellant, Mr. Sabino Hidalgo, suffered grievous injuries to his arm while cleaning a screw conveyor at the Excel meat packing plant in Fort Morgan, Colorado. His arm ultimately required amputation. He brought suit against KWS Manufacturing, Inc. ("KWS"), the company that manufactured the component parts of the screw conveyor; Fagen, Inc. ("Fagen"), the contractor hired to construct the conveyor system; and two individuals...

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