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RADIL v. SANBORN WESTERN CAMPS, INC.

No. 03-1343.

384 F.3d 1220 (2004)

Jennifer RADIL, Plaintiff-Appellant, v. SANBORN WESTERN CAMPS, INC., a Colorado corporation, Defendant-Appellee, Colorado Trial Lawyers Association, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

As Corrected September 27, 2004.

Attorney(s) appearing for the Case

Thomas L. Roberts (Bradley A. Levin, Daniel W. Patterson, and Michael J. Rosenberg with him on the briefs), Roberts Levin & Patterson, P.C., Denver, CO, for Plaintiff-Appellant.

Diane Vaksdal Smith (Peter W. Burg and David K. TeSelle with her on the brief) Burg Simpson Eldredge Hersh & Jardine, P.C., Englewood, CO, for Defendant-Appellee.

James M. Wagstaffe and Ivo LaBar, Kerr & Wagstaffe LLP, San Francisco, CA, filed an Amicus Curiae brief on behalf of the Colorado Trial Lawyers Association, in support of Plaintiff-Appellant.

Before SEYMOUR, McKAY, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

Plaintiff-appellant Jennifer Radil was seriously injured in an automobile accident during an outing with her coworkers. She applied for and was denied Colorado workers' compensation benefits. She then filed this respondeat superior diversity suit against her employer under 28 U.S.C. § 1332 (2000). The district court dismissed her suit for lack of subject matter jurisdiction under Federal Rule...

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